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.




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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