Identify at least four ways in which an arbitrator's power differs from that of a civil trial judge
What will be an ideal response?
• An arbitrator's decision is not as "appealable" and when appealed, is subject to a less
stringent standard than that applied to civil trial verdicts.
• An arbitrator can retain jurisdiction over a dispute after the award, at the request of the
parties, whereas a civil trial judge loses jurisdiction once judgment is entered.
• An arbitrator, at least in some states, is restricted in the extent, if any, to which he or she
can award punitive damages.
• Despite restrictions on the granting of punitive damages, an arbitrator has a much wider
range of remedies available than a civil trial judge or jury in that he or she can fashion an
equitable remedy to suit the situation.
• An arbitrator can accept or decline to hear a dispute, whereas a judge must hear cases
assigned to his or her court and can be excused only for cause.
• An arbitrator's power comes not from the state but from the agreement of the parties.
• An arbitrator's power is supported by laws favoring settlement rather than resort to the
court.
• An arbitrator's power is based in his or her expertise in the subject matter of the dispute
which enables the arbitrator to shape how the case is presented. A civil judge can shape a
case only through the rules of procedure.
• An arbitrator can render an award tailored to the case whereas a civil judge must always
consider precedence or face being overturned on appeal.
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