WHY ARBITRATION PREVAILS OVER LITIGATION

WHY ARBITRATION PREVAILS OVER LITIGATION

From beginning to end, arbitration is designed in this manner. The parties are aware of the timeline and have agreed upon it based on their difficult-to-achieve agreement in litigation. The advantages of arbitration over litigation are looked at in this article.

LITIGATION: WHAT IS IT?
This is the process of filing a lawsuit or opposing one. Before filing a lawsuit, parties to a dispute may attempt to resolve it through negotiation. If negotiations come to a standstill, however
ARBITRATION: WHAT IS IT?
Arbitration is a procedure for the settlement of disputes, under which the parties agree to be bound by the arbitrator’s decision, which is typically final and legally binding on both parties.

REASONS WHY ARBITRATION PREVAILS OVER LITIGATION
 Predictability: Some judges’ lack of understanding of the nature of some complex conflicts is a common criticism in courtroom litigation, which frequently leads to unpredictably bad outcomes. A neutral third party or neutrals who are knowledgeable and experienced in the subject matter of the dispute should ideally hear the arbitration (e.g., commercial construction). Arbitrators don’t always have to be attorneys; they frequently include engineers, architects, contractors, and developers. This feature of arbitration can reduce the time and significant issues associated with instructing a judge or jury in the subtleties of construction. The most important aspects in the dispute are understood and the focus of properly chosen arbitrators, who are not easily persuaded by the emotive arguments of the lawyers or the testimony of some expert witness.

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