A lot of people might think of mediation as the most common form of alternative dispute resolution, but arbitration is very popular, especially with employers. Others might be aware of arbitration, but still favor the fact that litigation allows for the right to appeal a decision. Even though this is true, arbitration might offer you serious benefits. It all comes down to a trade-off and considering what is most important to you personally.
In arbitration, you hand over your right to an appeal by choosing to instead opt for a quick, cost-effective and conclusive method to resolving the dispute at hand. When compared with lawsuits, arbitration proceedings tend to be much less expensive. One of the biggest benefits, depending on how you look at it, is the finality of the decision. In arbitration, neither party has to be concerned about the case being stuck in appellate court for years. There’s a sense of finality in knowing that you have reached an agreement. In some ways, arbitration can be looked at like this: you get what you bargained for.
Litigation can take months, and in some cases, years. If you’re a professional or in charge of a company, spending all this time in court racking up attorney’s fees is probably not in your best interest. As mentioned above, you could go through the entire ordeal only to learn that you have to head back to court anyways on the appeals process. In many situations, this kind of resolution is not good for any of the parties involved. Arbitration, on the other hand, tends to be completed much more quickly. Rather than trying to get on a court docket or going through the litigation one motion at a time, it’s easier to schedule your meetings and discuss the facts of the case. This makes the best use of everyone’s time and often leads to a much faster solution.
An arbitration clause itself is much like any other provision within a contract: parties can negotiate around the stipulations and agree to their own final terms. The language in the contract simply has to be clear enough to show the intent. In addition to all these benefits, arbitration has already proved successful in a myriad of cases throughout different industries. There’s a reason it’s getting a lot of traction: it works, and many parties tend to leave the process happier than they might have been going through litigation.
Website Created By: Mediation.com