California, United States of America
The following excerpt is from Local v. Mwd, 126 Cal.App.4th 247, 24 Cal.Rptr.3d 285 (Cal. App. 2005):
in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision." [Citation.]' [Citations.] ... `[A]lthough [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless there is [1] a third party decision maker, [2] a final and binding decision, and [3] a mechanism to assure a minimum level of impartiality with respect to the rendering of that decision.' [Citations.]" (Saeta v. Superior
[24 Cal.Rptr.3d 292]
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