In the context of judicial review of mandatory arbitration,de novo review means that __________.
A) the court appoints an arbitrator to initiate arbitration proceedings
B) the court tries the issues anew as if no arbitration occurred
C) the court recommends that the disputing parties opt for mediation instead of litigation
D) the court halts a mediation process and begins litigation
E) the court takes into account the arbitrator's award in the litigation

Question

Quizplus · Accepted Answer

In the context of judicial review of mandatory arbitration, de novo review means that the court tries the issues anew as if no arbitration occurred. Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject the arbitrator's award and seek a de novo judicial review of that award.

In the Context of Judicial Review of Mandatory Arbitration,de Novo