Legal Definitions - arbiter

An arbiter is a neutral third party who possesses the legal authority to resolve disputes between parties. Unlike an arbitrator, an arbiter is strictly bound to make decisions based on established laws, legal precedents, and principles of equity (fairness). They are expected to remain impartial throughout the process and apply the law to the facts presented.

Arbiters can be chosen by the disputing parties themselves or appointed by a court. Before an arbiter becomes involved, the parties typically agree on the arbiter's role, the scope of their authority, and rules of conduct. The arbiter's decision can be either binding, meaning it is final and generally difficult to appeal, or non-binding, allowing parties to pursue their claims further in court if they do not accept the outcome.

• Example 1: Administrative Law Judge (ALJ)

  Imagine a situation where a citizen believes a government agency has unfairly denied their application for a specific benefit, such as a disability payment or a business permit. An Administrative Law Judge (ALJ) would typically serve as the arbiter in such a dispute. The ALJ has the legal authority to hear testimony, review evidence from both the citizen and the agency, and then issue a decision based strictly on the relevant statutes, regulations, and agency policies. This demonstrates an arbiter's role in applying specific legal frameworks to resolve a dispute between an individual and a governmental body.

• Example 2: Court-Appointed Special Master

  Consider a large, complex civil lawsuit, such as one involving environmental damage with multiple defendants and intricate scientific evidence. A court might appoint a "special master" to oversee specific aspects of the case, like managing the discovery process (the exchange of information between parties) or resolving disputes over expert witness testimony. This special master acts as an arbiter, making rulings and recommendations to the court based on established rules of civil procedure, evidence law, and other applicable legal principles. Their role is to ensure that the legal process is followed correctly and that disputes within the larger case are resolved according to law.