An arbiter is a person that has the legal authority to decide disputes. The arbiter’s decisions are made based on the rules of law and equity. This is distinguishable from an arbitrator, who is not bound to follow substantive law when making their decisions, but rather …
arbiter — Definition and meaning
Arbiters are typically chosen by the parties or may be chosen by the court on behalf of the parties. Before an arbiter becomes involved in a legal dispute, the parties will usually sign an agreement that explains the arbiter’s role and explains what behavior is not allowed, such as one party communicating with the arbiter in private. The arbiter must be impartial throughout the process. The agreement may also state that the arbiter’s decision is final and binding on the parties, which means the decision can only be appealed on the narrowest grounds. If the agreement states the arbiter’s decision is non-binding, parties are still able to pursue their claims through the courts.
Arbiters are able to encourage the parties to negotiate a settlement but will generally not involve themselves in the settlement process, outside of telling the parties their analysis of the case and their merit of legal arguments.
The importance of arbiter
arbiter appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
How arbiter is applied
In practice, arbiter is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.