In arbitration proceedings, the arbitrator's decision is typically:
Correct Answer
B) Binding and enforceable
Arbitration decisions are typically final, binding, and enforceable by courts. Unlike mediation, arbitration results in a binding decision that has limited grounds for appeal.
Why This Is the Correct Answer
Arbitration produces a final, binding award that is enforceable through the courts under the Federal Arbitration Act and state equivalents. Courts confirm arbitration awards and will enforce them like a court judgment. Grounds for appealing or vacating an arbitration award are very limited (fraud, arbitrator misconduct, excess of authority).
Why the Other Options Are Wrong
Option A: Requires court approval to be valid
Arbitration awards do not require separate court approval to be valid. Courts can enforce the award, but the award itself is final when issued. Requiring court approval would defeat the purpose of using arbitration to avoid the court system.
Option C: Subject to appeal in court
Arbitration awards are generally not subject to appeal on the merits. Unlike court decisions, parties cannot appeal simply because they disagree with the outcome. Only very narrow procedural grounds (fraud, corruption, arbitrator misconduct) allow vacatur.
Option D: Advisory only
Advisory only describes non-binding arbitration or certain expert determinations, not standard arbitration. Parties choose arbitration precisely because the award is binding β advisory opinions would provide no finality.
Memory Technique
ARBitration = the ARBiter decides, period. It's binding like a court judgment. MEDiation = just MEDiating a conversation β no one forces an outcome.
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