You've come to the right place to learn about the advantages and disadvantages of using an arbitrator, and other than a few of my consistently corny jokes, that is exactly what we are going to discuss.
Advantages of Arbitration
In order to understand the advantages that arbitration brings, it is important to look into the very nature of its alternative, which is the judicial proceedings or court proceedings. In litigation, the parties do not choose the judge. The process is long and tedious and because of this, becomes expensive after each hearing. The difficulty in a court process is that the judge, or the jury in some jurisdictions, are not expected nor have the experience in the subject matter. They have knowledge of the law but rarely do not posses any specialized knowledge of the subject of dispute. While arbitration is almost always a closed and private process, whereas the judicial process is imbued with public interest, thus almost all records of judicial proceedings are made available to the public.
Since arbitral decisions are made by an arbitrator or arbitrators, which were hand-picked by the disputing parties they are usually very familiar with the subject matter at hand. Additional, the whole proceeding can be conducted in Earthling English, as opposed to some legalistic Klingon style dialect of Latin which requires many years of law school and many episodes of Star Trek to understand. Are you getting the idea now, arbitration was invented to be like the cool, little brother, version of court.
Disadvantages
Although I may have made it seem that arbitration is heavens gift to dispute resolution, there are a few disadvantages. So listen my children and you shall hear of, um, them. First off all, one does not need to be a judge in order to be qualified to be an arbitrator. But as long as you set your standards high for picking a good arbitrator, this should not be a problem. Additionally, many arbitrators are certified as judges, and many others are extremely knowledgeable and experienced lawyers. Also, if you any party wants to appeal the arbitral decision that cannot be done in an arbitration hearing, rather it gets taken to court, which can kind of, well, suck.
Finally
Now that you have received this awesome dispute resolution educational introduction from this exciting article it is time for you, my little duckling, to go out on your own in the great big world and make your own decision.
Advantages of Arbitration
In order to understand the advantages that arbitration brings, it is important to look into the very nature of its alternative, which is the judicial proceedings or court proceedings. In litigation, the parties do not choose the judge. The process is long and tedious and because of this, becomes expensive after each hearing. The difficulty in a court process is that the judge, or the jury in some jurisdictions, are not expected nor have the experience in the subject matter. They have knowledge of the law but rarely do not posses any specialized knowledge of the subject of dispute. While arbitration is almost always a closed and private process, whereas the judicial process is imbued with public interest, thus almost all records of judicial proceedings are made available to the public.
Since arbitral decisions are made by an arbitrator or arbitrators, which were hand-picked by the disputing parties they are usually very familiar with the subject matter at hand. Additional, the whole proceeding can be conducted in Earthling English, as opposed to some legalistic Klingon style dialect of Latin which requires many years of law school and many episodes of Star Trek to understand. Are you getting the idea now, arbitration was invented to be like the cool, little brother, version of court.
Disadvantages
Although I may have made it seem that arbitration is heavens gift to dispute resolution, there are a few disadvantages. So listen my children and you shall hear of, um, them. First off all, one does not need to be a judge in order to be qualified to be an arbitrator. But as long as you set your standards high for picking a good arbitrator, this should not be a problem. Additionally, many arbitrators are certified as judges, and many others are extremely knowledgeable and experienced lawyers. Also, if you any party wants to appeal the arbitral decision that cannot be done in an arbitration hearing, rather it gets taken to court, which can kind of, well, suck.
Finally
Now that you have received this awesome dispute resolution educational introduction from this exciting article it is time for you, my little duckling, to go out on your own in the great big world and make your own decision.
About the Author:
Alternative Dispute Resolution means exactly what it sounds like, an alternative to litigation. If you are considering using an ADR firm you are probably a bit of a free thinker, and often a person that becomes an arbitrator or mediator is also an "outside of the box" thinker.
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