Chapter 2: Alternative Methods of Dispute Resolution: Arbitration

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Chapter 2: Alternative Methods of Dispute Resolution: Arbitration

Advantages

  • The parties have the freedom to make their own arbitration agreement
  • The parties decide exactly how formal or informal they with the arbitration to be
  • The parties choose their own arbitrator and can therefore decide whether the matter is best dealt with by a technical expert, a lawyer or a professional arbitrator
  • If there is a question of quality this can be decided by an expert in the particular field, saving the expense of calling expert witnesses and the time that would be used in explaining all the technicalitites to a judge
  • The hearing time and place can be arranged to suit both parties
  • The actual proceedure used is flexible and th eparties can choose that which is most suited to the situation, this will usually result in a more informal and relaxed hearing than in court
  • The matter will be dealt with in private and there will be no publicity
  • The dispute will be resolved more quickly than through a court hearing
  • Arbitration proceedings are usually much cheaper than going to court
  • The award it normally final and can be enforced throught the courts

Disadvantages

  • The parties are not on equal footing as regards to their ability to present their case as legal aid is not avaliable for arbitration
  • An unexpected legal point may arise in the case which is not suitable for decision by a non-lawyer arbitrator
  • If a professional arbitrator is used, his fees may be expensive
  • It will also be expense it the parties opt for a formal hearing, with witnesses giving evidence and lawyers representing both sides
  • The rights of appeal are limited
  • The delays for commercial and international arbitration may be nearly as great as those in the courts if a professional arbitrator and lawyers are used

Evaluation

Overall the advantages outweigh the disadvantages, and in terms of privacy, the resolution being quicker, arrangement being agreed between bith parties and the result being court enforcable, arbitration's advantages mean that it is a extremely good and useful way of ADR.

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