Question

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

a.
Corrales will render a binding decision.
b.
Holt and Collins give up the right to discovery.
c.
Corrales need not give reasons for the decision.
d.
Holt and Collins will not have the chance to present their cases.

Answer 1

Option d claiming that Holt and Collins will not have the chance to present their cases is incorrect, as presenting their cases is a fundamental part of the arbitration process.

Step-by-step explanation:

Holt and Collins have chosen to engage in arbitration. Arbitration is a process in which a neutral third party, called an arbitrator, renders a decision to resolve a dispute. The outcomes of arbitration are as follows:

• Corrales will render a binding decision: Once the arbitrator makes a decision, it is typically final and binding.
• Holt and Collins give up the right to discovery: In arbitration, the discovery process may be limited compared to litigation.
• Corrales need not give reasons for the decision: Arbitrators are not always required to justify their decisions with detailed reasoning.
• Holt and Collins will have the chance to present their cases: Contrary to the choice presented, a fundamental part of arbitration is that both parties have the opportunity to present their cases.

Therefore, option d, stating that Holt and Collins will not have the chance to present their cases, is NOT a result of arbitration and is incorrect. All other options may be a result of the arbitration process.

Answer 2

The correct answer is D. It is not correct that Holt and Collins will not have the chance to present their cases.

Step-by-step explanation:

Arbitration is an alternative means of conflict resolution, in which an impartial third party, the arbitrator, is selected so that after hearing the cases of the parties, make a decision applying both the law and the ethics and morals. Thus, it is avoided to reach the court using an alternative and quick resolution route, which seeks to save time and money for the parties. The arbitrator's decision will be called an award, and it will be binding on the parties just as the judges' sentences are in trials.