Reasons why you should choose ADR over LITIGATION.
CHAMAN LAW FIRM
1/27/2022 1 min read
WHY YOU NEED TO CHOOSE ADR OVER LITIGATION
Litigation is a formal, general public process which resolves disputes through a court with a judge. It is subject to strict rules imposed by law governing the conduct of the proceeding, such as the formal rules of evidence. Arbitration on the other hand, is a private process where parties work with a neutral third party to hear both sides and make a final and binding decision, using agreed-upon rules governing how the process will work.
For many types of disputes, arbitration offers a better alternative to litigation and some of these alternatives are seen in the following:
1. Flexibility and control: Parties can set terms in their arbitration contract governing how the process will work. These terms include establishing rules regarding hearings, time limitations and other matters. Parties can also schedule hearings and deadlines to accommodate their needs. Unlike in Litigations where
2. Speed: There are many cases in courts still awaiting trial or judgments and some of them have been there for over 10 years now but with Arbitration, there is no much delay, everything goes fast and disputes are resolved on time.
3. Low cost. Less time spent to resolve a dispute means lower costs for attorneys’ fees. In addition, discovery is much more limited in arbitration, and appeals are very limited, so those costs are all saved.
4. Simplified rules of evidence and discovery: Issues are handled through phone calls rather than multiple hearings, interrogatories and the like. And, the strict rules of evidence don’t apply.
5. Privacy and confidentiality. Arbitrations are private with only designated parties in attendance and the proceedings are strictly confidential. On the contrary, litigation is open to the public and so the rule of privacy and confidentiality cannot be achieved.