When the parties to a dispute cannot agree on a resolution, arbitration provides a flexible and less formal alternative to traditional litigation. Similar to litigation, parties can still present witnesses and other evidence in a structured environment to an unbiased fact finder who will resolve the matter. However the advantages of Arbitration over traditional court litigation include:
Greater control of confidentiality during the process and of the result;
Providing a less adversarial process allowing the parties to maintain ongoing business relationships if appropriate;
The parties control the process and can take into account the unique nature of the dispute and limit litigation time and costs by:
Setting appropriate controls regarding the scope and timing of discovery;
Providing flexibility regarding the presentation of evidence through agreed upon and relaxed rules of evidence;
Controlling the timing of the arbitration resulting in a speedier resolution by avoiding delays caused by crowded court dockets;
Providing flexibility with respect to scheduling of experts and other witnesses;
Providing a final resolution to avoid the costs and delays of appeals; and
Arbitration allows parties to choose arbitrators with knowledge of the applicable subject matter or law relevant to the dispute thus ensuring that the fact finders have sufficient knowledge to intelligently resolve the matter.
Consilia-CR is available to serve as sole arbitrators or as members of a multi arbitrator panel. If the parties have not contractually agreed to utilize a specific arbitration process, we can assist in designing an individualized process that is suitable to the dispute and each party’s needs. As arbitrators we are then ultimately in charge of implementing the process selected by the parties and rendering a final order resolving the dispute.