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Benefits of Arbitration:
CHOICE The parties in the arbitration process decide jointly on the arbitrator; in litigation, a judge is appointed and the parties have little or no say in the selection.
CONFIDENTIALITY The arbitration process is private between the two parties and informal, while litigation is a formal process conducted in a public courtroom.
SPEED The arbitration process can be much faster than litigation. Once an arbitrator is selected, the case can be heard immediately. In civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard.
COST The costs of arbitration are limited to the fee of the arbitrator(s) and attorney fees. Costs for litigation include many more hours of attorney fees and court costs, which can be very high.
FINALITY In binding arbitration, the parties usually have no appeal option, unless there is a “manifest disregard of the law,” so the process has a finite end.
CONTROL OF EVIDENCE The arbitration process has a limited evidence process, and the arbitrator controls what evidence is allowed, while litigation requires full disclosure of evidence to both parties. The rules of evidence do not apply in arbitration, so there are no subpoenas, no interrogatories, and no discovery process.
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