arbitration
Political Science
Management
(noun)
A process in which two or more parties use an adjudicator in order to resolve a dispute.
Business
Examples of arbitration in the following topics:
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Resolving Disagreements
- Labor arbitration has been used as an alternative to strikes to resolve labor disputes for more than a century.
- It was the first labor episode in which the federal government intervened as a neutral arbitrator.
- Major League Baseball uses a variant of interest arbitration, in which an arbitrator chooses between the two sides' final offers, to set the terms for contracts for players who are not eligible for free agency.
- This type of arbitration, wherein a neutral arbitrator decides the terms of the collective bargaining agreement, is commonly known as interest arbitration.
- Major League Baseball uses a variant of interest arbitration, in which an arbitrator chooses between the two sides' final offers, to set the terms for contracts for players who are not eligible for free agency.
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Arbitration
- As with arbitration generally, international arbitration is a creature of contract.
- In other words, the parties' agree to submit disputes to binding resolution by arbitrators, usually by including a provision for the arbitration of future disputes in their contract.
- These include: the desire to avoid the uncertainties and local practices associated with litigation in national courts, the desire to obtain a quicker, more efficient decision, the relative enforceability of arbitration agreements and awards, the commercial expertise of arbitrators, the parties' freedom to select and design the arbitral procedures, confidentiality of arbitration, and other benefits.
- The issue went to arbitration and the Alaska boundary dispute was resolved in US favor by an arbitration in 1903 .
- In recent years, international arbitration has been used to resolve a number of disputes between states or state-like entities, thus making arbitration an important tool in modern foreign policy.
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Resolving Conflicts
- The legal system provides a structure for the resolution of many disputes, including litigation, arbitration, mediation, and conciliation.
- Methods of dispute resolution include: litigation, arbitration, mediation, and conciliation.
- In theory, arbitration is a consensual process; a party cannot be forced to arbitrate a dispute unless he or she agrees to do so.
- In practice, however, many fine-print arbitration agreements are inserted in situations in which consumers and employees have no bargaining power.
- Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.
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Collective Bargaining
- These disputes then go to arbitration, which is similar to an informal court hearing.
- A neutral arbitrator makes a ruling as to whether the termination was unjust and whether other contract breaches occurred.
- If so, the arbitrator will order that the breach be corrected or remedied in some way.
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The Coal Strike of 1902
- This forced President Roosevelt to intervene with an arbitration commission that suspended the strike.
- The Anthracite Coal Strike is significant because it was the first labor episode in which the federal government intervened as a neutral arbitrator.
- With the urging of Secretary of War, Elihu Root, Morgan came up with another compromise proposal that provided for arbitration, while giving the industry the right to deny that it was bargaining with the union by directing each employer and employees to communicate directly with the commission.
- While the operators refused to recognize the United Mine Workers, they were required to agree to a six-man arbitration board, made up of equal numbers of labor and management representatives, with the power to settle labor disputes.
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Facilitating Private-Voluntary Associations
- Some parties bypass the judge by jointly sending disputes to an arbitrator, but the courts are always available when less extreme measures fail.
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Franchise Agreements
- The content of a franchise agreement can vary depending on the franchise system, the state jurisdiction of the franchisor, franchisee, and arbitrator.
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Consumer Interest Groups
- This process allows consumers with conflicts or complaints regarding a particular business receive arbitration through the BBB.
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World War I and the League of Nations
- Its primary goals, as stated in its Covenant, included preventing wars through collective security and disarmament, and settling international disputes through negotiation and arbitration.
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Making Policy
- Another type of bureaucratic institution is a regulatory commission, an agency charged with writing rules and arbitrating disputes in a specific part of the economy.