WHO NEEDS COURTS?
Alternative Dispute Resolutions have climbed in popularity over the past couple of decades because a growing number of people realize that unless massive amounts of money are involved, litigation is often a lose/lose situation. Besides the fees, it can take a toll personally and much effort is wasted because of the courts' lack of flexibility. Finding answers outside the court system has been a boon for thousands, and otherwise litigants report greater satisfaction with findings.
ADVANTAGES OF ARBITRATION
The advantages of arbitration over litigation are numerous. Parties report satisfaction with the greater flexibility of arbitration over court procedure. Additionally, the language and the procedures of the proceedings can be negotiated and made "user-friendly" for the parties. Finally, arbitration findings can be kept private, which can be an advantage for sensitive disputes.
One great advantage of arbitration is that the parties may have their dispute heard by a peer in their field as opposed to a judge or jury who may have little understanding of the concerns of the stakeholders. In court trials vast resources are often spent on educating the court on topics that are extremely complicated. Additionally, arbitration proceedings are more balanced because if one party if not as informed on the legal matter, they can be educated on it in the process