2006/Vol. 5 No.1 - Hamline Law - Hamline University
2006/Vol. 5 No.1 - Hamline Law - Hamline University
2006/Vol. 5 No.1 - Hamline Law - Hamline University
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<strong>2006</strong>] ARBITRATION: THE BASICS 3<br />
L. Is the Process of Arbitration to Achieve a Final Decision or to<br />
Seek Truth and Find Justice ....................................................78<br />
X. CONCLUSION............................................................................78<br />
I. INTRODUCTION<br />
This is a description of the process of arbitration in the United<br />
States. It will focus on the basics of arbitration: its history; its objectives;<br />
its scheduling; how the process begins; pre-arbitration matters; the<br />
hearing; the award; and the problems with arbitration. The goal of this<br />
article is simple and straightforward: to explain the basics of the<br />
arbitration process used in the United States.<br />
II. A HISTORICAL OVERVIEW OF ARBITRATION<br />
A. Historical Precedents and the Development of Modern<br />
Arbitration<br />
Arbitration is not a recent phenomenon; in fact, arbitration as a<br />
method for resolving disputes has a long and complex history. King<br />
Solomon’s decision to “split the baby” is the first recorded arbitration<br />
decision. 1 Thankfully, Solomon’s award to cut the baby in half was not<br />
executed. Once the loving mother offered to give up the child so the<br />
baby would live, Solomon wisely awarded the child to her. 2 The use of<br />
arbitration rapidly expanded in the formal law of the Romans, in early<br />
Judeo-Christian communities, in Islamic law, and in the settlement of<br />
1. 1 Kings 3:16-28. King Solomon is known for the judgment he passed when<br />
two women came before him both claiming to be the mother of the same child. Id.<br />
After each woman pleaded with him to giver her the child:<br />
And the king said, Bring me a sword. And they brought a sword before the king.<br />
And the king said, Divide the living child in two, and give half to the one, and half<br />
to the other. Then spake the woman whose the living child was unto the king, for<br />
her bowels yearned upon her son, and she said, O my lord, give her the living child,<br />
and in no wise slay it. But the other said, Let it be neither mine nor thine, but divide<br />
it. Then the king answered and said, Give her the living child, and in no wise slay<br />
it: she is the mother thereof. And all Israel heard of the judgment which the king<br />
had judged; and they feared the king: for they saw that the wisdom of God was in<br />
him, to do judgment.<br />
Id. at 3:24-28.<br />
2. Id.