Arbitration is a more formal dispute resolution process than mediation and typically this practice is used when mediation has either failed or is not appropriate. Arbitration should be used as an alternative to the Courts, particularly if time is a factor and in comparison to proceeding in the Courts is often more flexible and most certainly quicker to reach an outcome.
“With the delays in the Courts and the need for privacy, arbitration presents an attractive alternative for many individuals and businesses allowing the parties to choose their own arbitrators and process to settle disputes,” explains Caitlin Moses, candidate attorney at Gillan & Veldhuizen Inc. “And while arbitration offers a variety of advantages, there are also drawbacks to consider,” she adds.
- The parties can select their own arbitrators;
- Arbitration is often chosen to avoid the publicity associated with court cases.
- It is also generally a faster process than litigation in courts.
- Moreover, arbitration offers more flexibility than court proceedings and the parties can determine the Rules to follow.
- The fees charged by the arbitrator may make formal arbitration more expensive than a trial in court.
- Without consent from all parties involved, others cannot join the arbitration proceedings.
- Therefore, joining a party to an arbitration without consent and consolidation of arbitration processes is not an option.
Ultimately when deciding between arbitration or litigation in the Courts, it is important to weigh the costs and benefits of each option.