What Sets Arbitration from Litigation?

 In the cut-throat and swiftly-changing field of legal dispute resolution, there are two predominant methods that have stood out – litigation and arbitration. Both are aimed at resolving different legal complexities, and these can operate under various frameworks, providing distinct perks and setbacks. Before you go ahead and pick a reputed law firm Mumbai or any part of India, consider gleaning some insights on the major differences between litigation and arbitration.

Look into the below-mentioned excerpt to find the basic differences between these two legal approaches. Have a look –

What is Arbitration? Let’s Have a Look

Arbitration refers to a form of ADR (alternative dispute resolution) where two parties must willingly submit their legal conflicts to any neutral third party. Such a neutral party is called arbitrator. Litigation revolves around court proceedings, but arbitration takes place outside of a conventional courtroom setting.

Prime Characteristics of Arbitration

Looking to find or pick the best arbitration firm in Mumbai or any other part of India? Before you take the plunge, consider delving into the characteristics of arbitration mentioned below –

• Flexibility

Arbitration provides the utmost flexibility with regards to scheduling the procedural rules. Different parties can take a pick from an array of professional arbitrators and customize the arbitration procedure to meet their specific requirements.

• Confidentiality

Arbitration related proceedings are confidential and aimed at protecting sensitive data from public scrutiny. Such confidentiality could be appealing to every party looking to keep up with their privacy at the time of dispute resolution process.

• Agility

Arbitration is comparatively faster than litigation! The streamlines process as well as the absence of prolonged court backlogs adds to a very speedy resolution of disputes.

• Finality

Arbitration awards are usually enforceable and binding, offering a strong sense of finality to the overall resolution procedure. Restricted avenues for appeal can contribute to more swift and efficient closure of disputes.

Let’s Get Acquainted with Litigation

If you are looking to find a reputed litigation firm in Mumbai or any other part of India, you should first understand the basic characteristics of litigation. It revolves around fixing different disputes via the court system. Different parties tend to present their legal cases in front of a judge or a jury, who subsequently come up with a decision depending on applicable law as well as evidence presented.

The Major Characteristics of Litigation

• Formality

Litigation abides with formal legal process, that’s governed by court laws and rules. Parties should adhere to stringent procedural guidelines, which include rules of evidence, filing deadlines, etc.

• Public Nature

Court proceedings are usually public, with trials and hearings conducted in the open courtrooms. This transparency could result in stronger public scrutiny of disputes.

• Judicial Oversight

In case of arbitration, decisions are usually made by professional arbitrators. But litigation revolves around judicial oversight. The professional judges or juries come up with decisions depending on applicable evidence and law rendered during the trial.

• Appellate Procedure

Litigants own the right of appealing unfavorable decisions, which leads to a prolonged appellate procedure. Appeals can prolong the resolution of legal disputes and sustain extra expenses for parties involved.

Arbitration Vs. Litigation – the Conclusion

Both litigation and arbitration serve as very viable ways of fixing disputes, each with their own perks and setbacks. Understanding the nuances or basics between such two methods, different parties can take informed decisions about the most apt approach for their circumstances. Determine your needs thoroughly, and subsequently, choose the reputed Arbitration or Litigation firm based on your choice.

 

Summary – Give this blog a read to understand the basic difference between arbitration and litigation. This will help you make a more informed decision!