Alternate Dispute Resolution (ADR) is often considered to be a form of resolving disputes which are less time-consuming and inexpensive as compared to going to trial. One of the commonest ADR is arbitration where an individual known as an arbitrator hears the evidence and arguments from every side of the dispute, then makes the final decision ( Jenkins, 2006) . It is less official when compared to a trial and in many cases, the procedures of evidence are considered to be less formal. Arbitration can either be binding or nonbinding where binding arbitration demands the individuals to renounce all their rights to trial and just assent the decision made by the arbitrator as the final. Nonbinding arbitrator allows parties to go to trial when they are unsatisfied with the resolution made in the process. Usually, the arbitration process, in general, has its advantages and disadvantages.
Advantages of Arbitration Process
The main advantage of the process is that it avoids formality, unnecessary expenses, and time as compared to trials. The process is also advantageous in situations where the subject matter needs a person who has the expertise, experience, or training on the issue under dispute.
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Disadvantages of Arbitration Process
Even with its advantages, arbitration still has some disadvantages. Mainly, it does not allow parties to be in control on the way their differences are being determined ( Acker, 2013). It is especially the case in binding arbitration as there is no room to appeal the award given even in cases where it is not supported by the law or evidence.
Conclusion
Arbitration is one of the commonest ADR where an individual known as the arbitrator hears the evidence and arguments from all sides of the dispute and makes the final decision. It avoids formality, unnecessary expenses, and time as compared to trials, but, does not allow parties to be in control on the way the dispute is being decided .
References
Acker, J. R., & Brody, D. C. (2013). Criminal procedure: A contemporary perspective . Burlington, MA: Jones & Bartlett Learning.
Jenkins, J., & Stebbings, S. (2006). International construction arbitration law. Alphen aan den Rijn [u.a.: Kluwer Law Internat.
