It is a challenging task to run a business. Many individuals face tasks that can drain their time and energy. Some of these challenges can be legal ones.
However, there are better solutions than wasting your precious time on such problems.
In this article, we will explain arbitration and civil litigation, the two best ways to solve any legal dispute between business partners. We will also help you choose the right method to fight legal cases and avoid unwanted consequences.
Litigation
It is the process of resolving disputes inside the court. It typically involves a lawsuit filed with the help of civil law lawyers, information exchange with the opposition parties, trial and judgement from a judge or jury.
We break down how litigation works:
- Process: It involves a series of steps, from filing a lawsuit to potentially appealing the court’s verdict.
- Goal: to get a court to decide about a dispute and determine both parties’ legal rights and obligations.
Litigation is complex and consumes a lot of time, and many people do not prefer it to resolve an issue. Instead, they prefer arbitration and other Alternative Dispute Resolution(ADR) methods.
Arbitration
It is a form of alternative dispute resolution(ADR). It offers parties involved in a legal dispute a better option than traditional courtroom litigation.
This process is carried out at a private place decided by the parties involved. It is famous for its voluntary nature. It means both parties must agree to settle their disputes by submitting to arbitration.
Is Arbitration Better Than Litigation?
Many attorneys have a common question. Whether arbitration is better than litigation? The answer depends on the specifics of the case and the parties involved.
Arbitration has several benefits that make it the best choice for some particular disputes.
This can be such as:
- It is a cost-effective option due to streamlined processes that are only a few.
- It can resolve disputes quicker than court cases, thus saving you time.
- Arbitration proceedings are kept private, helping the involved parties to keep sensitive information away from the public.
- It is a flexible procedure, allowing parties to tailor the procedure to their requirements. This flexibility is beneficial for unique cases or situations.
When Should You Choose Litigation Over Arbitration?
There are some instances when litigation is preferred over arbitration. The former is more beneficial in such cases than the latter. It is helpful in the following cases:
- Legal Precedents:
Litigation brings in the opportunity for setting legal precedents. Court decisions create binding legal precedents that can influence future cases and shape the law’s formation and development.
It is the most appropriate area for those attorneys who want to make an impact and address legal issues that can influence the final verdicts of many cases.
- Uncooperative Opposition Party:
Litigation is best when the opposing party doesn’t want to engage in arbitration. The court system offers a way to force the other party to participate.
Factors That Will Help You Choose Between Arbitration and Litigation
- Contract Requirements
- Client Preferences
- Industry-Specific Consideration
- International Cases
- Hybrid Approaches
- Long-Term Vs Short-Term Goals
- Risk Assessment
- Mediation as a precursor
- Impact on The Relationship Between The Attorney and The Client
Factors That Differentiate Between Arbitration and Litigation
| Factors | Arbitration | Litigation |
| Cost | It is less costly due to streamlined processes and fewer formalities. | Expenses can rise quickly with court and attorney fees along with lengthy proceedings. |
| Speed | It resolves disputes faster. | Court cases can go on for years, causing unwanted uncertainty concerning judgement. |
| Confidential | The process is private, protecting sensitive information from the public. | Court cases become a part of public records, thus exposing private information. |
| Decision Enforceability | These decisions can be enforced easily across borders due to international agreements. | It is more complex to enforce court judgements in foreign jurisdictions. |
| Proceedings | Arbitration takes place in a private setting. This allows parties to gain more control over the process. | Litigation occurs in open courtrooms, thus becoming a subject to public scrutiny. |
Final Verdict
Attorneys have to make a critical decision of choosing between litigation and arbitration. Although the latter offers benefits such as cost-efficiency, privacy and speed, the former is effective in setting legal precedents and compel uncooperative parties.
To make the most efficient choice, consider the unique circumstances of each case and your client’s requirements. This will help you choose whether these two methods are best for your case.
