What role does an "arbitrator" play in a dispute?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

An arbitrator serves as a neutral third party who is tasked with resolving disputes outside of the traditional court system. This role is pivotal in arbitration, a method of alternative dispute resolution (ADR) that allows parties to bypass the often lengthy and costly court process. When the parties involved in a dispute agree to arbitration, they present their cases to the arbitrator, who listens to the evidence and arguments before making a binding decision.

The key aspect of the arbitrator's role is neutrality, which is crucial for ensuring fairness and impartiality in the resolution process. Unlike a judge, who may make rulings based on law and precedents within the court system, the arbitrator’s decisions are typically based on the agreements made by the parties and the merits of the case they present. The arbitrator does not represent one of the parties nor does he or she facilitate negotiation like a mediator does; instead, the arbitrator actively decides the outcome of the dispute.

This understanding highlights why the role of an arbitrator is distinct from that of a judge, mediator, or attorney, focusing on the resolution of disputes outside the conventional legal framework.

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