Definition of "Binding arbitration"

A binding arbitration is a way to solve disputes without going to court.

An alternative to the more expensive and lengthy legal procedures, a binding arbitration is basically the process of two parties agreeing (binding themselves) to the decision of an assigned impartial third party that will act as the judge of their dispute.

When a real estate dispute is to be solved by a binding arbitration, this impartial arbitrator – or a panel of arbitrators - must listen to the arguments of the two parties before issuing its judgment;  which both parties must comply with. The ruling of a binding arbitration rarely gets reversed later in the court of law.

The whole binding arbitration process starts with a binding agreement in which both parties select the arbitrator (or panel of arbitrators) and the procedures or rules that will govern the judging of possible future grievances. After that, the binding parts can engage in a time-period called “discovery”, where both parties produce factual evidence to protect themselves in the case of a future dispute. That is: they can invoke documentation from the opposing party and even require witness statements regarding specific subjects to be recorded in front of the arbitrator. This is done and recorded as part of the binding arbitration as a way to outline everyone’s view of the case prior to any possible problem arising. With this material serving as evidence, should something happen, all parties can guide themselves toward a fair resolution.

Although most binding arbitrations are voluntary by nature, there are some states - Minnesota, New York and New Jersey, for example - that have adopted obligatory arbitrations on specific cases - mostly dealing with insurance - as a way to clear up litigation workload from courtrooms and speed the traditional legal justice system as a whole.

In many ways, binding arbitrations trumps litigation. It’s more efficient by being faster and less expensive, and has more way room to decide over things that lack legal jurisprudence.

Real Estate tip:

Although once signed you’re basically on your own, it’s a good idea to have a real estate agent and a real estate lawyer to advise you when drafting the binding agreement. Find the best one for you in The OFFICIAL Real Estate Agent Directory®.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

A notice, usually in writing, in which notice of termination is given by one individual or business to another. It is pursuant to a cancellation provision in a contract to forestall ...

property having an easement right through another adjoining property. The property through which the easement passes is considered to have the servient tenement. ...

Appraisal approach where property values are estimated by comparing current comparable sales. See also market approach. ...

The clause in a deed beginning with the words " to have and to hold" limiting or defining the ownership nature of the estate in the property granted by the deed. Declares the type of ...

Property owned and held jointly and equally shared by each spouse. It is purchased during their marriage, regardless of the wage-earning situation of either spouse. A spouse may not make a ...

The Exclusive Agency Listing is regularly confused with the Exclusive Right to Sell Listing, but they are not the same. True: on both Listings, only 1 Broker or Agent has the right to sell ...

Levy charged to use something such as water supplied by the town. ...

Taxes owed due to nonpayment, underreporting, or omission (unknowingly or intentionally) from a prior year. The taxing authority will demand the back taxes, including possible fines, ...

Wires, such as for electricity, places beneath the floor of a structure. ...

Popular Real Estate Questions