The Arbitration Process vs. The Litigation Process
Arbitration is a different process than ordinary Federal or State litigation, and while becoming more widely used, is still a less familiar process than litigation. Depending on the nature of the dispute at hand, there are potential advantages and disadvantages of both processes and forums.
The Litigation Process
Litigation involves trying a case through the courts with a judge and/or jury. The litigation process tries both civil and criminal cases or resolves disputes between two or more parties. The litigation process is conducted in a public courtroom and can be a long and more costly process that may be necessary to resolve some disputes. Litigation may be advantageous if a party will settle to avoid publicity or if the ability to appeal a ruling or judgment is important.
The Arbitration Process
Arbitration is a private method of dispute resolution in which the parties select the individual or individuals who will finally decide the matters in issue following a process agreed upon by the parties, with no or a minimum of court intervention. It is typically speedier and less costly. A disadvantage to arbitration is that it is binding, so appeals can not be made after a final decision has been reached, except under limited circumstances.
Comparison
| Arbitration |
Litigation |
|
| Public vs. Private | Private | Public – court house |
| Evidence Allowed | Limited | Rules of evidence allowed |
| Costs | Arbitrator fees | Court & attorney fees – costly |
| Attorney Use | Discretionary | Extensive use |
| Formality | Less formal | Formal |
| Waiting Time | Short | Must wait for case to be scheduled |
| Proceeding | Civil | Civil or criminal |
| Arbitrator vs. judge | Arbitrator is selected by parties | Court appoints judge |
Business Attorney Palm Beach Gardens
Paul J. Burkhart handles both arbitration and litigation cases and will help you decide which process is the best to handle your unique case.
Our team assists both individual and business clients with all their legal needs. This includes Business and Corporate Transactions, Business/Commercial and Civil litigation, Real Estate, Intellectual Property, Family Law, and Estate Planning matters. We are a full-service private law firm ready to assist you with any request, large or small. Call 561-880-0155 or visit our website.
Law Offices of Paul J. Burkhart, PL
800 Village Square Crossing
Palm Beach Gardens, FL 33410
Phone: (561) 880-0155′
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