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Arbitration is a way to solve a dispute legally. An independent third party will determine the resolution to the dispute in a private setting. An arbitration hearing can use either a tribunal or an individual arbitrator. A tribunal is typically made up of several arbitrators. It is customary in most settings to have an odd number of tribunal members in order to avoid a tie. The parties who are involved in the dispute will hand their power to decide the dispute over to the arbitrator. Arbitration is just as binding and final as litigation and it is a valid alternative to going to court. It has been given the nickname the “business man’s method of resolving disputes.” However, the procedure is governed by both state and federal laws. Many states contain the provisions for Arbitration in their civil practice rules. This helps to provide a guideline for the procedures of Arbitration as well as how the arbitrator’s decision is to be handled. There are several states that have adopted the Uniform Arbitration Act while some states have laid out some very specific guidelines which govern arbitration.
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Originally posted on: https://www.employmentlit.com/2022/08/11/nj-nurse-can-pursue-her-fmla-and-disability-discrimination-claims-against-her-former-employer-kennedy-university-hospital/ By: Ty Hyderally, Esq., Francine Foner, Esq On May 4, 2009, Amy Foster (Foster), a registered nurse,…