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Arbitration is usually viewed as a faster, less expensive alternative to the courts. While this can be true, there are no guarantees. Arbitration, depending on the arbitrator and the agency administering the arbitration, can move slowly.
If you win the case At the end of the case, the arbitrator makes an award. The arbitrator can decide that the other party should also pay your fee for registering the claim for arbitration. This has to be agreed when the arbitrator is appointed. You may also be entitled to any interest on the claim.
While arbitration offers advantages such as cost-efficiency, speed, and privacy, litigation provides opportunities to set legal precedents and compel uncooperative parties. To make the right choice, consider the unique circumstances of each case and the preferences of your clients.
In most circumstances, private employers benefit when they have arbitration agreements with their employees, because arbitration can resolve disputes more quickly with less expense, and the agreements may even ward off frivolous lawsuits.
The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.
The Advantages and Disadvantages of Arbitration Efficient and Flexible: Quicker Resolution, Easier to schedule. ... Less Complicated: Simplified rules of evidence and procedure. ... Privacy: Keep it out of the public eye. ... Impartiality: Choosing the ?judge? ... Usually less expensive. ... Finality: The end of the dispute.
The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.
What are the advantages of arbitration? The primary advantage is that the parties to arbitration have an almost free reign to determine the structure and procedure applicable to the proceedings: Full control of the process ? the parties can, by agreement, determine the conduct of the proceedings.