a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt
to avoid a court trial and conducted by a person or a panel of people who are not
judges. The arbitration may be agreed to by the parties, may be required by a provision
in a contract for settling disputes, or may be provided for under statute. To avoid
clogged court calendars the parties often agree to have the matter determined by
a panel such as one provided by the American Arbitration Association (which has
a specific set of rules), a retired judge, some other respected lawyer, or some
organization that provides these services. Usually contract-required arbitration
may be converted into a legal judgment on petition to the court, unless some party
has protested that there has been a gross injustice, collusion or fraud. Many states
provide for mandatory arbitration of cases on a non-binding basis in the hope that
these "mini-trials" (proceedings) conducted by experienced attorneys will give the
parties a clearer picture of the probable result and lead to acceptance of the arbitrator's
decision.
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