What are the advantages and disadvantages of arbitration v. court litigation?
Arbitration is almost always cheaper and faster than court litigation. Strict rules of evidence do not apply. Anything relevant that might help get to the truth and resolve the dispute may be considered by an arbitrator (even hearsay and other evidence normally not admissible in court). Sometimes evidence may be submitted by declaration rather than having a witness actually come in and testify. Expensive discovery procedures (such as depositions, interrogatories and the like) are normally not permitted in arbitrations (although, if material information in the other parties’ possession is needed for your case, the arbitrator may order its production). There are disadvantages, however. Arbitration is normally binding when the parties agree to it (although court ordered arbitrations are non-binding). There is no right to appeal the decision of the arbitrator. There is no jury. The case is decided by one or more experienced arbitrators (depending on the rules adopted in the arbitration cla
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