Online Mediation and Arbitration

Private (v. court-annexed) arbitration may be “administered” or managed by private organizations, or non-administered” and managed by the parties. The decisions of arbitrators in private arbitration may be non-binding or binding. Binding arbitration decisions typically are enforceable by courts and not subject to appellate review, except in the cases of fraud or other defect in the process. Often binding arbitration arises from contract clauses providing for final and binding arbitration as the method for resolving disputes. Examples: South Africa Case Study- IMSSA; Thailand-commercial arbitration (Worawattanamateekul 1996); Bolivia case study-Chambers of Commerce centers.

Private Judging: A private or court-connected process in which parties empower a private individual to hear and issue a binding, principled decision in their case. The process may be agreed upon by contract between the parties, or authorized by statute (in which case it is sometimes called Rent-a-Judge).