Advantages And Disadvantages Of Arbitration Vs. Court Ligation

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If something is concerned a gross injustice , collusion, or fraud then it can be converted to a legal judgment (Hoffman, 2015). A petition would have to be filled and for most states a clear review of what will likely take place in court will unfold (Hoffman, 2015) . Many choose to continue with an arbitration as it is a much easier way to handle disputes .(Hoffman, 2015) The time and cost is so much less with an arbitration (Fallon, n.d.). Arbitration are legal and final once completed (Fallon, n.d.). The is no appeal right as there is in a court setting (Fallon, n.d.). If someone knows there will not be a mediation within the arbitration it is best to seek legal help prior to the arbitration (Hoffman, 2015). Especially it is important …show more content…

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and is a way to be as fair as possible (Fallow, n.d.) . A mediation is not always able to be settled and usually ends up in court when the two parties just can not find common ground (Fallow, n.d.) . An arbitration is when a third party is hired to hear the sides of both parties and then makes a decision on how the matter should be handled (Fallow, n.d.). In an arbitration one parties views are usually not considered and the arbitrator is the one that gets the say so (Fallow, n.d.) . It is not always seen as a fair way to handle things (Fallow, n.d.) . However it is the cheapest and fastest way to handle an issue outside of court (Fallow, n.d.). An arbitration is a legal alternative to litigation (Fallow, n.d.) . The decisions made by the arbitrator can not be challenged, so what they say is what goes (Fallow, n.d.) . This is were the unfair part came in, the other party may not have much legal experience and there is no way to make an appeal like in court, so they are stuck with the decision of the arbitrator (Fallow, n.d.) . The arbitrator is the final has the final say and most of the time they are going to favor the business in which hired them to resolve the matter (Fallow, n.d.) .

Fallon, L. F. & McConnell, C. R., (n.d.). Human Resource Management in Health Care. Retrieved from

In a final offer arbitration the two parties are able to

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