Pros And Cons Of 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…show more content…
Since both parties are encouraged to participate fully when it comes to finding a resolution, they often tend to work more peacefully rather than increasing their anger or hostility to the other party. Litigation tends to be the opposite as the judge or jury will make the final decision and there is no room left for negotiation. At the end of the litigation process it usually only favours one party. Enforcement of arbitration awards that are international can be difficult. However, it is easier to enforce in countries that are subscribed to certain International…show more content…
There is no set rules or structure that determines whether a case is better to be resolved with arbitration or litigation. Each case is unique and must be treated as such. In conclusion, neither way can be considered better than the other as they both have their own pros and cons. When determining if arbitration or litigation is appropriate for a case, always look at both sides and decide whether the best resolution for the case, not just which way would be the cheapest or the
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