In an effort to avoid overcrowding the courts, judges and lawyers alike are recommending arbitration as a viable alternative to mediation or litigation. While any case can enter arbitration, this option is more successful if the case is fairly straightforward and the plaintiff and defendant are willing to talk things out. Instead of judges, arbitration hearings have panels that are typically composed of one-to-three arbitrators who are chosen by both sides.
The panel peruses the pleadings that were filed by the plaintiff and defendant before the arbitrators listen to any arguments. Documents can be submitted by either side’s attorney, and a testimony can be given. Although the process is quite similar to a traditional trial, it is far less formal. For example, witnesses are not subject to perjury laws and related offenses since they do not have to swear an oath.
What Are The Advantages?
On average, arbitration cases are more expeditious