Arbitration for dispute resolution is a powerful way to keep your disputes out of the courts, while still creating a binding and enforceable agreement as a solution to the problem. There are myriad benefits to arbitration. Here we will outline ten of the major pros of using arbitration.
Top 10 Benefits of Arbitration
1. Expedience
Did you know that the average dispute sent to court can take two to five years to be heard? One of the first and most often referenced benefits of arbitration is that it is fast. Especially in comparison to long drawn out court cases. Within a year of filing for arbitration, parties will have a hearing. That time frame is even shorter for simple disputes. It is also possible in some cases to expedite disputes for even quicker hearings and resolution. This is of course one of the top pros of using arbitration because generally, parties will be eager to resolve disputes.
Courts are subject to reduced funding and it is not unusual at all for them to face a backlog of cases. Furthermore, courts tend to need to reprioritize cases in certain circumstances, which can lead to even further waiting periods to get a dispute heard. It is not only the time it takes for a case to be heard in court that renders arbitration a much swifter and expedient process, it is the length of time it takes a judge to reach a decision after the case is heard as well.
In some instances, it can take months for a court to reach a decision. If you want and need a dispute resolved quicker it will benefit you to remember that arbitration results are often awarded within a month. Pre and post judgement periods affect interest being paid, thus, time is of the essence when it comes to awaiting a judgement.
2. Flexible Scheduling
When your conflict goes to court you are subject to the schedule of the overtaxed, overburdened court. Courts are often behind schedule and there is zero chance to have a hearing at a time of your choosing. One of the benefits of arbitration is that parties can schedule discovery and hearings on a schedule that suits them.
The importance of this is enormous as parties have other priorities and other important business to attend to and cannot be expected to rearrange their schedule, often with little notice. What’s more, many arbitrators even accommodate conflicts in scheduling such as vacation plans and personal matters. That is not the case in courts as there is no way courts could accommodate everyone’s personal schedules with their already heavy workloads.
3. Discretion
Whereas litigation processes through the court system are open to the public and a matter of public record, one of the pros of using arbitration is that your dispute can stay out of the public eye. With arbitration, it is possible to ensure confidentiality, and both parties can rest assured that the process will be discrete and will not garner unwanted attention or unfavorable press or outside attention.
What’s more, arbitration filings themselves are private. In the courts, even the filings are accessible by the public. Finally, cases resolved through arbitration do not create a precedent. This can be really important for some parties who have other cases and disputes yet to be resolved. Precedent is set when a ruling is made in the public court system and has bearing on future cases. This, however, is not the case in arbitration as each dispute is handled in a vacuum so to speak. Many parties have found this advantageous and fair.
4. Cost
Arbitration, as we mentioned earlier, is a much faster process than the public court system. Getting a faster hearing naturally results in lower costs for involved parties. The cost of litigation can build-up for years which can become extremely costly. In arbitration, parties can forgo much of the typical practices such as discovery, conferences, motion practice, and hearing time. This is a giant cost saver and means dramatically lower attorney fees.
5. Power of Choice
In arbitration, one can select their own arbitrator. There is no Judge assigned at random. There is also no need for a jury of unknowns to be selected because the process is different from traditional hearings.
6. Experience of Knowhow
In arbitration, one can select an arbitrator with very specific knowledge of a certain area and subject matter. The arbitrator can specialize in a certain type of dispute and have a high degree of expertise and years of experience working with those types of issues.
7. Ease of Process
With arbitration, either party can schedule a time to speak to the arbitrator on the phone to settle a discovery dispute or to email a request for a subpoena. The rules to produce evidence and to nullify the burdensome processes of filing are a clear benefit to arbitration as compared to the public court system.
8. Predictability
Litigators with experience understand that there is no magic 8 ball to look into when predicting how a jury will rule. With arbitration, there is a better chance of knowing how the case is going throughout because arbitrators will apply the facts presented in a way that showcases their experience with the law.
9. Choosing a Location
In arbitration, parties can make important decisions like where disputes will be heard. For example, parties can decide if disputes will be held in-person, by video conference, telephone, etc. As long as both parties agree, the arbitrator will accommodate those wishes.
10. Final Decisions
When parties take the disputes to arbitration there is less chance for appeal when a decision is made. This means parties can move on and accept the fair and just decision that has been made rather than stretching the dispute on and on.
To leverage the benefits of arbitration in your own dispute, contact Breakthrough Mediation today.
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