Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1883-09-29
Arbitration as a Means Of Avoiding
Litigation.

tits perfectly proper and legal for per-
sons who can not settle their differences
between themselves to get arbitrator
to do it for them. The law favors arbi-
trat1on as a p%eaceable and inexpensive
method of settling difficulties. In
many of the States there are statutory
provisions, by which a judgment of the
court may be rendered on the award or
finding of arbitrator, concerning a
matter duly submitted to them. It is
always possible to take a case out of
court, and submit it to referees at any
stage of its progress. In the absence Of
any statutory provisions, it is always
lawful for parties to agree to submit
their differences to arbitrators, and
abide by their decision. The agreement
to do so may be either oral or written,
but the latter is the best way. The'form
is not essential, except that the mean
ing should be carefully expressed. It
is customary, in addition to the agree
ment, for the parties to execute to each
other an arbitration bond, conditioned
on each party performing the award
given by the arbitrators, whatever it
may be. If the awards properly made,
it then becomes binding on the parties.
But it is not always easy to make an
award that will hold, and this fact SO
far as it extends, is an objection to the
method. In the first place, the award
must conform to the terms of the SUBJ
mission, as contained in the agreement
to refer. The arbitrator's authority
comes entirely from the submission. If
they exceed it, their whole work fails.
The precise question submitted to them,
and nothing else, should be answered.
The award must not affect strangers in
any way. 1t must be certain; that is, so
expressed that there can be no reason
able doubt as to what is meant. 1t must
be possible, otherwise it will be sense
less and of no effect. 1t must be reason
able and final, and made in perfect and
entire good faith, and upon full and
impartial hearing. If deficient in any
of these requisites, it will not bind the
parties. Either party may revoke his
submission at any time before the award
is made. The death of either party
revokes the submission, as also does the
death of one or more of the arbitrators.
When the award is made, it is common
for the referees to deliver it to the pre-
vailing party, on payment by him of the
fees of arbitration. A better method is
to seal and address a copy to the parties.
It will be seen that arbitration is, after
all, only a kind of litigation, and that if
it were counted among the means of
avoiding litigation, it would only be
chasing the end to be avoided among
methods of avoiding it. Still it is well
worth considering by farmers, who find
themselves in dispute about some simple
question of facts as, for instance, the
amount of damage which AS breechy
cattle have done TO BIS corn, or as to
what was the value of AS sheep which
were killed by BIS bad dog. Such
questions can generally be quickly.
cheaply and justly settled by one OF
more fair-minded neighbors, and tho
expense, delay and a!gyggravation OF .
suit in court may thus be avoided. -
American Agrsculu'tst.