Reference no: EM133903962

Question

There are a few advantages with arbitration compared to litigation. This course is oftentempting for those who are looking to resolve disputes in an efficient manner because it is lesshostile, cheaper, faster, flexible, private and adaptable to evidence (American Bar, 2009). Litigation tends to become very active with emotions in a court setting where this process allowsthose emotions to be contained or expressed in a manner that is usable for the party. While manylawyers are now finding themselves immersed in arbitration battles, the cost for this process ismuch less expensive compared to court proceedings. While it may not always be faster, if theparties can come to an agreement within a few days or weeks without the use of a Judge or thecourt, it does become a quicker option. Litigation involves trials being worked around schedulesfor everyone and arbitration can work with people because these meetings can occur in private,with calls, or even video conferences. This flexibility also allows any evidence or procedures tooccur quickly with either a phone call or email. In this process, the arbitrator is the person whomakes the final decision, so the pride and ego associated with either party is irrelevant with theultimate decision. Much like mediation, the use of this format allows for feelings to beexpressed. It is differentiated in that someone will ultimately bring law into the judgement sofeelings are not a deciding factor in this case.