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Can the Court Order Arbitration?

Arbitration is a process where a paid arbitrator decides the case, instead of a judge in a courtroom.

Arbitration is faster than a courtroom trial and is not bound by the same legal rules about what may and may not be discussed.

The parties must agree to be bound by the arbitration, and the arbitrator's decision has legally-binding effect.

In a number of states, a judge may encourage the parties to arbitrate, but only in a few cases may a judge require arbitration. (In these states, the judge's requirement substitutes for the parties' agreement to submit to arbitration.)

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