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Advantages & Disadvantages of Arbitration

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Advantages of Arbitration:
  • The parties and their attorneys can select their arbitrator, (they cannot select their judge).
  • Attorneys are present to help.
  • Arbitrators often work faster than a judge to decide disputes.
  • Appointments are scheduled with the arbitrator at the mutual convenience of all concerned; no other cases compete for attention.
  • Arbitration meetings tend to be less formal than court, so parties may feel more comfortable and confident to speak.
  • The parties, not the court calendar, decide when and how much time the arbitrator spends on their case.

Disadvantages of Arbitration:

  • Parties pay by the hour for the arbitrator’s time.
  • The couple gives up their power to decide and leaves their fate in the hands of a third party stranger.
  • The arbitrator’s authority is determined by the contract that the parties sign. Parties must carefully review exactly what issues are to be decided by the arbitrator.
  • The arbitrator’s settlement is final and generally cannot be appealed.
 

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