Advantages and Disadvantages of Arbitration

All advantages and disadvantages for arbitration that you need to know for the LAW01 exam should you choose to answer questions on civil courtrs and ADR.

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  • Created by: GeorgeB16
  • Created on: 29-03-16 11:16

Advantages and Disadvantages of Arbitration

Advantages

  • The process is flexible as a time and date is set to suit the parties
  • The parties are able to choose their arbitrator who may be a legal expert in the disputed field
  • The courts are not involved so the process is private however the parties reserve the right to go to court
  • There are no delays. Arbitration is quick, easy and cheap!
  • A Scott v Avery clause compels people to attend

Disadvantages

  • No appeals for arbitration so the parties may have to take their case to court if they are not happy with the outcome
  • The process may be considered too flexible so it may take a long time to get an outcome
  • Professional arbitrators are expensive to hire
  • If no legal professionals are used, the process isn't fair

Evaluation

In the LAW01 exam, you won't need to write an evaluation. You merely need to state the advantages on one side, and then the disadvantages with no concluding comments. The question may only ask for advantages or disadvantages, in which case, only answer what it is asking. The examiner will not expect the other side as no concluding comments are needed. You only have 10 minutes per question so don't waste time!

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