Arbitration is a process of dispute resolution that involves submitting a disagreement to a neutral third-party arbitrator. This arbitrator will then make a decision after hearing arguments and reviewing evidence. The rules of evidence are not determinative in arbitration, meaning that the arbitrator has the discretionary power to consider evidence that would be inadmissible in court. The Court Appointed Arbitration Program (CAAP) is responsible for appointing an arbitrator from a panel of volunteer arbitrators after the defendant has submitted a response to the plaintiff's demand and all other pleadings have been filed with the court.
The relaxed rules of evidence in arbitration allow for more flexibility in the process. This means that the arbitrator can consider evidence that would not be admissible in court, such as hearsay or opinion testimony. This can be beneficial for both parties, as it allows for a more comprehensive review of the facts and circumstances surrounding the dispute. The relaxed rules of evidence also allow for more creative solutions to disputes.
Arbitrators are not bound by the same strict rules as courts, so they can come up with creative solutions that may not be available in court. This can be beneficial for both parties, as it allows them to come to an agreement that is tailored to their specific needs and interests. Overall, the relaxed rules of evidence in arbitration provide more flexibility and creativity in dispute resolution. This can be beneficial for both parties, as it allows them to come to an agreement that is tailored to their specific needs and interests.