Q: What are the benefits of arbitration over litigation ?
Ans: In case of litigation in a court, the parties have no control over the timing or the procedures since these are decided by the court. The greatest advantage of arbitration over litigation is the fact that the parties to the contract can decide the complete procedure for arbitration, thereby allowing for more flexibility and control of the entire dispute resolution process when compared to a court. In the process of arbitration, the parties to the contract can decide the complete procedural rules applicable to every stage and every aspect of the arbitration proceedings. The parties also have the option to select an arbitrator based on an agreement between themselves or based on the recommendation by an arbitral institution. They may even ask the court to appoint an arbitrator. Such factors ensure a much faster and more effective resolution of the dispute compared to a court of law. Arbitration also ensures confidentiality, unlike litigation, which is open to the public. Though the cost of arbitration compared to litigation can be much higher, this additional cost is often offset by the time and effort saved compared to the litigation process.
Conclusion: Arbitration is speedy, arbitrator can be chosen by parties, costly but less time consuming, suitable for family disputes.
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