What is the difference between adjudication and arbitration?

Definitions

- Referring to the legal process of resolving a dispute through a court or tribunal. - Describing the act of making a formal judgment or decision in a legal or administrative context. - Talking about the process of settling a disagreement or conflict through a formal legal procedure.

- Referring to the process of resolving a dispute outside of the court system, with a neutral third party making a binding decision. - Describing a method of alternative dispute resolution where parties agree to submit their dispute to an arbitrator. - Talking about a formal process of settling a disagreement or conflict through a neutral third party.

List of Similarities

  • 1Both involve the resolution of disputes or conflicts.
  • 2Both can be used as alternatives to going to court.
  • 3Both require a neutral third party to make a decision.
  • 4Both can result in a binding decision that is enforceable by law.
  • 5Both are formal processes for settling disagreements.

What is the difference?

  • 1Authority: Adjudication is a legal process carried out by a court or tribunal with the authority to make a binding decision, while arbitration is a voluntary process agreed upon by the parties involved.
  • 2Process: Adjudication follows a formal legal procedure with strict rules of evidence and procedure, while arbitration is more flexible and informal.
  • 3Cost: Adjudication can be more expensive due to legal fees and court costs, while arbitration can be less costly and more efficient.
  • 4Enforceability: Adjudication decisions are enforceable by law and can be appealed, while arbitration decisions are also enforceable but have limited grounds for appeal.
  • 5Privacy: Adjudication proceedings are generally open to the public, while arbitration proceedings can be kept confidential.
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Remember this!

Adjudication and arbitration are both formal processes for resolving disputes or conflicts. However, adjudication is a legal process carried out by a court or tribunal with the authority to make a binding decision, while arbitration is a voluntary process agreed upon by the parties involved. Adjudication follows a formal legal procedure with strict rules of evidence and procedure, while arbitration is more flexible and informal. Adjudication can be more expensive and less efficient than arbitration, but its decisions are enforceable by law and can be appealed.

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