Issue
Nakia is appealing to have her excess pay repaid. According to the contract, payment disputes must be resolved by arbitration. Stockmire’s lawyer is not satisfied with the outcome and plans to appeal against the arbitrator.
The Rule
Nakia would be able to win her overtime case if she brought it up in arbitration. Stockmire’s contract stipulates that she will arbitrate any dispute. The arbitrator is expected to rule in Nakia’s favor, as her claim was supported by a legal contract. Arbitration is usually viewed as fair and impartial, so Nakia will likely receive the amount she has right.
Application
Kansas law allows arbitration. It is important that the arbitrator’s decision be upheld. K.S.A. K.S.A. The court is likely to accept the ruling of the arbitrator even if it contradicts the court’s position. The arbitrator, who is chosen by the parties without any inherent bias, is also impartial. Specifically, K.S.A. K.S.A. 58-2304 requires that an arbitrator be impartial, not affiliated with any party and have no other interest than to reach an objective conclusion, based upon the facts found (Aragaki 2014). The arbitration panel will never favor one party over another in disputes between private parties. If the arbitrator is able to support his decision with evidence from the hearing, it should be accepted. K.S.A.. K.S.A..58-2305 requires that any arbitrator make an impartial and fair evaluation of the circumstances in the case. The arbitrator’s decision must not be retracted if he or she made an error in the arbitration. Rarely, courts will find that even though there is no supporting evidence, the arbitrator was correct.
Conclusion
According to Kansas law and K.S.A., the following is how it should be interpreted. The Kansas law (58-2304 to 58-2305) requires that an arbitrator in dispute between private individuals should be honored, regardless of whether the decision is in conflict with the court’s. Arbitration allows parties to settle disputes without the need for a court case. Arbitration is a neutral forum where the parties can hear one another’s arguments, and come to a mutually acceptable agreement. The arbitrator’s opinion must not be questioned, even if it contradicts the view of the court.
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