OVERVIEW OF BENEFITS FROM ARBITRATION
Arbitration is a desirable alternative
when a definitive outcome is needed within a specified time to resolve
telecommunications, antitrust and other commercial disputes, or
when mediation is not pursued or wholly successful. Arbitration
has several key advantages:
Certainty of decision
- arbitration is superior to mediation when uncertainty is unacceptable
and a decision is needed - one way or the other - on a critical
issue or dispute.
Certainty of timing
- arbitration can ensure that a definitive decision will
be rendered within the timeframe established by the parties, which
is not true for mediation or litigation.
Binding outcome
- the parties can agree that the arbitration decision will
be final and conclusive.
Choice of Neutral
- the ability of the parties to chose arbitrators with expertise
and good judgment greatly increases the likelihood of a reasonable
outcome, in contrast with the random selection of judges and jurors.
Confidential
- arbitration is generally private and confidential, unlike litigation.
Saves time and money
- arbitration is often notably quicker and less expensive than litigation,
although generally not as expeditious or inexpensive as mediation.
Efficient decision-making
- although lacking some of the benefits of mediation, arbitration
is an effective and desirable means of reaching reasonable decisions
when uncertainty must be resolved or when having a final decision
by a certain point is critical.
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