Originally from:

Journal of American Arbitration (JAA) - Vol. 5, No. 1

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ARTICLES

Arbitration: The Basics
By Joseph L. Daly

I. INTRODUCTION
This is a description of the process of arbitration in the United
States. It will focus on the basics of arbitration: its history; its objectives;
its scheduling; how the process begins; pre-arbitration matters; the
hearing; the award; and the problems with arbitration. The goal of this
article is simple and straightforward: to explain the basics of the
arbitration process used in the United States.
II. A HISTORICAL OVERVIEW OF ARBITRATION
A. Historical Precedents and the Development of Modern
Arbitration
Arbitration is not a recent phenomenon; in fact, arbitration as a
method for resolving disputes has a long and complex history. King
Solomon’s decision to “split the baby” is the first recorded arbitration
decision.1 Thankfully, Solomon’s award to cut the baby in half was not
executed. Once the loving mother offered to give up the child so the
baby would live, Solomon wisely awarded the child to her.2 The use of
arbitration rapidly expanded in the formal law of the Romans, in early
Judeo-Christian communities, in Islamic law, and in the settlement of