Pros And Cons Of Law: Arbitration Vs. Litigation

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Casey Brennan 07/03/16 Arbitration v. Litigation What is litigation? What is arbitration? Before we can discuss the pros and cons for either side, you must first understand what each is. Arbitration is the settling of disputes between two parties by an impartial third party, whose decision both parties agree to accept. Litigation on the other hand is the “ultimate legal method of settling controversies or disputes between and among persons, organizations, and the State”. When discussing litigation in layman’s terms most people will understand it to be the process of hiring legal counsel by two opposing parties, the defence and the prosecution. This is usually a lengthy process that involves presenting your case to the court and having it heard by either both a jury of your peers and a judge or just a judge by themselves. When a decision is made, unlike with arbitration, it can be appealed. Arbitration in other terms is seen as an Alternative Dispute Resolution. Although an arbitrator 's decision is usually final and cannot be appealed, there are limited rights for appeal under the Arbitration acts. Arbitration is a private proceeding. It is not done in a courtroom in front of a jury or judge. Unless there are special circumstances that becomes a “special case to the High Court”. Although lawyers may not be needed in arbitration cases, they can be hired for limited counsel. In comparison, attorneys in litigation proceedings may spend weeks or even months reviewing all

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