Section 27-5-312, MCA, sets forth when the district court shall vacate an arbitration award. When a matter has been submitted to binding arbitration, courts are not permitted to review the merits of the controversy, but may only confirm, vacate, modify, or correct an arbitration award pursuant to §§ 27-5-311, -312, and -313, MCA. We review a trial court's decision to confirm an arbitration award to determine if the court abused its discretion. The test for an abuse of discretion is whether the trial court acted arbitrarily, without employment of conscientious judgment, or exceeded the bounds of reason resulting in substantial injustice. We can only review whether the District Court abused its discretion in confirming the arbitration award; we cannot review the merits of the controversy. Roberts v. Lame Deer Pub. Sch. Dist. #6, 2013 MT 358, ¶ 7, 373 Mont. 49, ___ P.3d ___. See also Colstrip Energy L.P. v. N.W. Corp., 2011 MT 99, ¶ 17, 360 Mont. 298, 253 P.3d 870.
A district court may vacate a jury's verdict and grant a new trial when the evidence presented is insufficient to justify the verdict. Section 25-11-102(6), MCA. Conversely, where substantial evidence supports a verdict, the verdict generally cannot be overturned or vacated. The decision of a district court to grant or deny a motion for a new trial will not be reversed absent a manifest abuse of the court's discretion. If there is conflicting evidence on an issue, it is an abuse of the district court's discretion to grant a new trial. Thompson v. City of Bozeman, 284 Mont. 440, 442, 945 P.2d 48, 49 (1997) (citations omitted).
In reviewing a default judgment, we are guided by the principle that every litigated case should be decided on its merits; judgments by default are not favored. When appeal is from a denial of a motion to set aside a default judgment, our standard of review is that only a slight abuse of discretion need be shown to warrant reversal. The party seeking to set aside a default judgment has the burden of proof. Sun Mt. Sports, Inc. v. Gore, 2004 MT 56, ¶ 10, 320 Mont. 196, 85 P.3d 1286 (citations omitted).