\""We'll meet in court": This statement, or rather this threat, uttered in so many situations in which we encounter a question of conflict or polemic with others is not necessarily the only option. In addition to the courts and tribunals, there is another institution called arbitration, and it may replace the legal system, as it has many advantages over it. What is arbitration, and what are its advantages?<\/p>\r\n
What is an arbitration procedure?<\/b><\/p>\r\n
Arbitration is an alternative to settling disputes between parties and serves as an alternative to litigation in court or tribunal. In this process, the parties agree on the identity of an objective third party who will serve as their arbitrator. In the religious private property tribunals, it is customary for three arbitrators to sit in the hearing.<\/p>\r\n
The arbitrator has the authority to discuss, decide and rule, starting from the moment the parties sign their agreement that he will serve as arbitrator. The parties sign a document called an 'arbitration bill', in which the parties explicitly determine and define the scope of the arbitrator's authority.<\/p>\r\n
The judgment and decisions rendered by the arbitrator after hearing the parties' arguments and evidence are not void of content. This judgment will be enforceable like any judgment issued by any other judicial instance - a court or a court. The validity of this procedure and the judgments are valid both according to Torah law in Jewish law, and according to the Arbitration Law (1968).<\/p>\r\n
Does the arbitrator have to be a lawyer?<\/b><\/p>\r\n
It is not necessary for the arbitrator to have a legal education. There is also no law restricting a person from engaging in or serving as an arbitrator, but at the same time, it is very important for the arbitrator to have a legal and judicial education in the relevant matter in which the parties have authorized him to decide, because at the end of the day, despite the discretion given to the arbitrator to decide the dispute, the arbitrator's ruling will have to meet the test of reasonableness, and halachic and legal standards in the matter before him.<\/p>\r\n
Is an arbitration procedure suitable for all disputes and claims?<\/b><\/p>\r\n
An arbitration process can serve as an alternative to legal action in the following matters: tort claims, neighbor disputes, as well as any mass litigation that otherwise might have been subject to agreement between the parties.<\/p>\r\n
Family law arbitration process<\/b><\/p>\r\n
In financial claims such as property division claims, spousal support and ketubah, the parties can submit the matter for decision to an arbitrator, and the arbitrator's ruling, in most cases, will be approved by the court, except in exceptional cases in which there was a fundamental flaw in the arbitrator's ruling.<\/p>\r\n
An arbitration process cannot serve as an alternative in matters of marriage and divorce, such as determining whether or not there is a ground for divorce, since the exclusive authority to discuss matters of personal status lies with the exclusive authority of the Rabbinical Court.<\/p>\r\n
In matters of child support, custody, and visitation arrangements, there is no unequivocal ruling on the matter - there are rulings here and there. The reason for the approach that in certain cases denies the arbitrator's authority to rule on these matters stems from the fact that in these matters the main guideline in the ruling is the principle of the best interests of the child - which sometimes requires the submission of reports from social services, and the arbitrator will not have the authority to issue orders for this purpose. Either way - to the extent that there is agreement on this between the parties, they can, by their consent, allow the arbitrator to rule on these matters as well and formulate this in the arbitration agreement.<\/p>\r\n
On the advantages of the arbitration process<\/b><\/p>\r\n
There is no right of appeal against an arbitration proceeding, except by filing a motion to quash the arbitration. A claim to annul an arbitrator's award will, in most cases, not be approved in court, and will even cause the party filing the claim heavy legal expenses, since the trend in the courts is to approve the awards issued by arbitration institutions. Apparently, the reason for this lies in the existing burden on the courts.<\/p>\r\n
However, in 2008, an amendment was added to the law that the parties to the arbitration process may agree and stipulate between themselves that each of them will have the right to appeal to another arbitrator. It is important that this be explicitly stated in the arbitration agreement.<\/p>\r\n
There are several advantages to the arbitration process, the most significant of which is the mutual agreement of the parties on the identity of the arbitrator. This advantage gives the trial process flexibility and convenience for the parties. Another advantage lies in the fact that opening a legal claim in the various courts requires bureaucracy, payment of fees for opening a case, judicial time and hearings that sometimes last years, the burden of legal expenses on the unsuccessful party, and also the publication of the judgment on legal websites.<\/p>\r\n
In an arbitration proceeding, on the other hand, the hearings are held on a rapid schedule, the opening of the lawsuit does not involve expensive fee payments, and as far as litigation in private courts of law is concerned, the arbitrators do not charge a fee for the litigation. In addition, the litigation is confidential, and the issue of awarding legal costs to the losing party is also subject to stipulation and agreement between the parties.<\/p>\r\n
In conclusion, it can be said that, as a general rule, the arbitration process has significant advantages. However, it is important to choose the identity of the arbitrator, his honesty and fairness, and the precise wording of the arbitration agreement in all its sections.<\/p>","protected":false},"excerpt":{"rendered":"Arbitration has its own rules: When you want a quick legal process, a relaxed atmosphere, and savings on legal expenses for the losing side, it is worth going to an arbitrator. \u2022 What is arbitration? What are its advantages and disadvantages?","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[96],"tags":[3821,3819,543,360,3820],"class_list":["post-23374","post","type-post","status-publish","format-standard","hentry","category-96","tag-3821","tag-3819","tag-543","tag-360","tag-3820"],"acf":[],"yoast_head":"\n