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  • Arbitration Vs Litigation

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    Akshi Jain
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    Arbitration vs litigation (1)

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    10 views9 pages

    Arbitration Vs Litigation

    Uploaded by

    Akshi Jain
    Notes

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 9

    Arbitration vs.

    Litigation
    Arbitration
    • Arbitration can be described as the private method of adjudication of
    disputes, wherein the parties seeking a settlement, mutually select
    one or more independent and unbiased persons as arbitrator.
    • The arbitrator studies the situation and listens to the arguments and
    evidence of the parties, to make recommendations on the case, which
    is considered as final and binding upon the parties concerned.
    Mediation
    • A mediator is a jointly instructed neutral party. Their role is to assist
    with communication between the two parties having the dispute to
    achieve a settlement or resolution. The mediator will discuss the
    issues openly and try to help the parties reach an agreement, but will
    generally not offer their own opinions or assessment.
    Conciliation
    • Conciliation is a common form of ADR used for employment disputes.
    Furthermore, conciliation is a compulsory process before an
    employee wishes to bring a claim to the Employment Tribunal. The
    conciliator will discuss the issues and try to help the parties reach an
    agreement, often providing their own opinion after assessing the
    situation and the different arguments.
    Litigation
    • The term ‘litigation’, we mean going to court for settling the dispute
    between or among parties. It is a legal proceeding initiated between
    the opposing parties, with the aim of enforcing or defending the legal
    right.
    Litigation Arbitration
    Litigation is a legal process in which the court decides Arbitration resolves disputes by appointing a neutral
    the outcome for the dispute. third party to study the case, receive the evidence,
    and then make a binding decision.

    Litigation is a public procedure with established Rules In arbitration, resolving issues between parties are
    of Procedure and Rules of Evidence, which govern confidential and private, making it a smart choice for
    how a trial is conducted and resolved businesses that want to keep their private matters
    away from the public and press.

    Litigation typically takes longer due to the formal Arbitration typically provides a speedier resolution
    Rules of Procedure and Rules of Evidence and the than litigation since the parties and the arbitrator
    backlog of the courts (which has been exacerbated by agree on a schedule once the arbitrator is appointed.
    COVID-19).

    Parties may be compelled to participate in court You cannot compel the other party to participate in
    proceedings. arbitration unless you have a contract that requires it.
    Otherwise, both parties must consent to participate in
    the proceedings.
    Litigation Arbitration
    Either party may appeal the court’s decision in a civil Unless otherwise agreed, the arbitrator’s decision is
    trial based on an alleged material error in the trial. final and binding and cannot be appealed, except in
    limited circumstances.
    the trial judge is assigned by the court without input the parties choose the arbitrator, often based on
    from the parties involved. expertise in a related field of law or industry.
    Litigation can be more expensive than arbitration due Arbitration can be less costly, primarily due to the
    to the lengthy pre-trial discovery process and the compressed schedule. However, both the arbitration
    appeals process. association and the arbitrator charge discretionary
    fees, which are borne by both parties in the dispute.
    POD Arbitration Litigation
    Nature Civil Civil or Criminal
    Proceeding Private Public
    Place As decided by parties Court
    Cost Low Comparatively high
    Appeal Not Possible Possible
    Decided by Arbitrator Judge
    • Arbitration is preferred by the parties over litigation due to many
    reasons such as greater confidentiality, quick judgement, choice of
    solutions, higher chances of settlement, low cost, flexibility in process
    etc.
    • Although, litigation has a number of advantages, i.e. numerous
    appeals can be made, easy enforcement of the final outcome, etc.

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