In Hawaii, you can agree to have your dispute decided by a binding arbitration rather than in a trial. A arbitrator's decision becomes a judgment, has the same effect as a trial judgment and is not appealable (except for very limited reasons).

The rules and procedures of binding arbitrations are controlled by the arbitration agreement between the parties. These rules and procedures can be: (1) rules published by the American Arbitration Association or other arbitration associations or companies; or (2) rules negotiated between the parties.

Benefits of arbitration usually are: (1) your dispute decided quicker; (2) less attorneys fees and costs; and (3) the arbitration decision cannot be appealed. Negatives of arbitration usually are: (1) discovery is limited; (2) the arbitrator is not required to follow the law; and (3) you cannot appeal any errors of law made by the arbitrator.

Of course, arbitration winners love arbitration and arbitration losers hate arbitration.

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