What is a key characteristic of arbitration?

Prepare for the AAERT Certified Deposition Reporter Exam. Use flashcards and multiple choice questions with explanations and hints. Be confident and ready for your test day!

Arbitration is a method of dispute resolution in which an impartial third party, known as an arbitrator, facilitates the resolution of a conflict between parties. This process is distinctly characterized by the arbitrator's role in evaluating the evidence presented and making a binding decision based on that evidence. The impartiality of the third party is crucial, as it ensures fairness and neutrality, providing both parties a sense of trust in the process.

In contrast, formal court hearings entail legal procedures that are much more structured and typically take place in a courtroom setting, which does not align with the nature of arbitration. Furthermore, mediation, while involving an impartial third party, differs fundamentally because the mediator does not make a binding decision; instead, they facilitate communication and negotiation between the parties. Informal discussions lack the structure and authority of arbitration and do not result in a formal resolution. Lastly, the idea of a unilateral decision is not characteristic of arbitration, as both parties present their cases and have a say in the proceedings prior to the arbitrator's ruling. Thus, the reliance on an impartial third party makes this choice a key characteristic of arbitration.

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