In this way, arbitration differs from mediation and other structured settlement techniques, which are far less adversarial. Arbitration can be voluntary or mandatory as, for example, in a fee dispute between an attorney and his client where the client requests arbitration. In voluntary arbitration such as where the parties contractually agree to arbitrate disputes arising under a contract, the parties are able to define the procedures that will govern the arbitral proceedings, including what, if any, discovery will be allowed or whether traditional evidentiary rules will apply to the arbitral proceedings. If the par ties fail to define the procedures governing the arbitration, the procedures set forth in any applicable arbitration statute govern. If confirmed by the court, an arbitration award is enforceable like any court judgment, but unlike a judgment rendered by a court, appeal from an arbitral award is generally not available for errors of law.
Arbitration can have distinct advantages.
Unlike many other ADR techniques, credibility of witnesses can be adjudicated. The proceedings occur at a place and at times mutually convenient to the parties and are not subject to delays imposed by a trial court's crowded docket. In addition, arbitrations are typically confidential. Arbitration may also have disadvantages. Discovery is generally limited, which may disadvantage a party needing compulsory process to obtain information to support his case.