Final answer:
Arbitration is a less formal alternative to trials, offering a binding resolution to disputes by an arbitrator instead of a judge and jury. The right to a jury trial in civil and criminal cases is enshrined in the Seventh and Sixth Amendments, respectively, but can be waived in civil cases. Unlike trials, arbitration procedures are more streamlined and may not include all the legal protections of a trial.
Step-by-step explanation:
Arbitration is an alternative dispute resolution process that is often used to avoid the formalities and expenses associated with a trial. In arbitration, both sides present their case to an impartial third party known as the arbitrator, who then makes a binding decision. Like a trial, an arbitration proceeding may allow the introduction of evidence, witness testimony, and cross-examination. However, arbitration tends to be less formal than a trial and is guided by the rules agreed upon by the parties in advance.
The Seventh Amendment to the United States Constitution ensures the right to trial by jury in civil cases where the value in controversy exceeds twenty dollars. Yet, this right is not absolute and can be waived by both parties, leading to a bench trial decided by a judge. The Sixth Amendment guarantees a speedy and public trial in criminal cases, which emphasizes the importance of timely justice and transparency within the legal system.
Trials in the adversarial system involve the prosecution and defense presenting their cases before an impartial judge and jury. The objective of the jury is to make a decision based on evidence and testimony. In contrast, arbitration involves a more streamlined process where the arbitrator's decision is final, and the typical legal protections and procedures of a trial may not apply.