The Pros And Cons Of Arbitration In Criminal Law

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Emily’s dispute does not come under criminal law, it comes under civil law. If it was under criminal law then she would have to go for mainstream having no option of choosing the judge. But because it comes under civil law, she can either go for litigation or arbitration. Litigation- In short, a Judge considers parties’ evidence, testimony, the law, and then renders a decision. If either party doesn’t like the Judge’s decision, they can appeal it. This process, however, costs more time and money, and offers no guarantee that the Judge’s original decision will be overturned. Like every other matter/object, litigation also has some benefits and negatives. Arbitration is for the protection from domestic violence and harassment caused to the…show more content…
As for Emily already her goods took too long to be delivered, litigation could consume way more time and could create a problem for her. Also she spent enough money on ordering the goods; litigation might cost her a lot more than she spent on ordering the goods. And as with private judging, usually the wealthier parties can afford the cost, maybe she would fail to afford. (vivianholley.com, accessed 11th November, 2015) Arbitration is preferred in resolution of commercial disputes because of the following benefits: Parties can gain the services of an expert in the specific commercial field. In this case, when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot “choose the judge” in litigation). Arbitration awards are generally easier to enforce in some countries than court judgements. In most legal systems, there are very limited avenues for appeal of an arbitral award, which can be either an advantage because the dispute solved faster. Arbitration can produce different solutions that are not court based. The awards could be compensation, an explanation for what happened, an apology, a promise never to repeat

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