Contents
What are some of the problems with arbitration?
One of the biggest faults I see in arbitration is that it is strictly adversarial, meaning that there is a person, or in some cases a panel of people, whose job it is to make a decision. They must determine a winner in a dispute. Arbitration leaves no room for finding a solution to the problem.
What are the strengths and weaknesses of arbitration?
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.
Why is arbitration bad?
Now, here are the reasons why arbitrations are a bad thing for you, the employee. Arbitrators can limit you in crazy ways which prevent you from proving and winning your case. I heard about one arbitrator who ruled that the plaintiff would not be allowed to conduct any depositions or introduce witnesses. Not even one.
How long does an arbitration last?
HOW LONG DOES ARBITRATION LAST? It usually takes several months for parties to do the necessary discovery and other work to prepare for an arbitration. The hearing itself will last anywhere from one day to a week or more.
When Should arbitration be used?
When is arbitration appropriate? Arbitration is best for cases where the parties want another person to decide the outcome of their dispute but would like to avoid the formality, time, and expense of a trial.
Are there any drawbacks to the arbitration process?
One drawback to the process is the lack of a formal evidence process. This lack means you are relying on the skill and experience of the arbitrator to sort out the evidence, rather than a judge or jury.
Which is better, a court case or arbitration?
And most parties in arbitrations will also hire lawyers to help them through the process, adding to their costs. Still, resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding.
Are there any interrogatories or depositions in arbitration?
No interrogatories or depositions are taken, and no discovery process is included in arbitration. The lack of a formal appeals process and the—usually—binding nature of the process also draws detractors.
When to use arbitration to resolve a dispute?
Instead, they agree to resolve the dispute by hiring an arbitrator to hear both sides. Arbitration is used in labor disputes, business and consumer disputes, and family law matters. Most contracts include an agreement of both parties to the arbitration process.