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Advantages and disadvantages of arbitration Arbitration often makes sense for businesses when the dispute relates to technical subject matter. There are additional advantages and disadvantages of arbitration to consider. We can help GoCardless helps you automate payment collection, cutting down on the amount of admin your team needs to deal with when chasing invoices. Related topics Finance. Recommended for you. Here's a primer on arbitration, including an explanation of important arbitration terms, types of arbitrators, and how the process generally works.
Arbitration is a method of resolving disputes outside of court. Parties refer their disputes to an arbitrator who reviews the evidence, listens to the parties, and then makes a decision.
The arbitration process is less formal than a courtroom hearing or trial and often less expensive , but more formal than mediation or negotiation. To learn about mediation, see Nolo's Mediation area. Most arbitrations arise because of an arbitration clause in a contract, in which the parties have agreed to resolve any disputes arising out of the contract through arbitration.
Before we discuss what an arbitration looks like, it helps to understand what an arbitration clause can include. Arbitration clauses can be simple -- stating that claims will be settled according to applicable arbitration rules and then enforced by a local court.
But arbitration clauses can also be more complex, controlling a large number of matters, such as how arbitrators will be selected, where the arbitration will be held, who will pay for attorneys' fees, and whether the final arbitration award must be kept confidential. Arbitration clauses can be mandatory or voluntary, and the arbitrator's decision may be binding or nonbinding. An arbitration clause may make the arbitration either mandatory or voluntary.
A dispute that is subject to mandatory arbitration must go through arbitration. In voluntary arbitration, both sides in a dispute agree to submit their disagreement to arbitration after it arises, and after they have evaluated other options for resolving it.
Most consumer advocates find this to be the preferred, evenhanded approach to arbitration -- allowing it to be a choice rather than a necessity. In binding arbitration, the arbitrator's decision is final. It may not be reviewed or overturned by a court except in very limited circumstances, such as when fraud or misuse of power has been involved.
In nonbinding arbitration, either party may reject the arbitration award and demand a trial instead. Parties often treat nonbinding decisions as an independent assessment of the strengths and weaknesses of a potential lawsuit, with the aim of fostering a settlement.
But even in such cases, the arbitration agreement will often provide that the award may become binding if the parties agree to it or wait longer than a stated time to ask that the case be returned to court. Many arbitration agreements require that disputes be arbitrated through one of the big arbitration groups or associations.
Others leave it up to the parties to agree upon a particular arbitrator.
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