Arbitration is voluntary. When people
choose to arbitrate their dispute, they are waiving their judicial rights to a trial, and empowering a neutral arbitrator to make a decision on their case. The decision by the arbitrator is binding and final. There is limited or no right to appeal. The parties must abide by the
decision. The advantages of arbitration are numerous. It can be said that
Litigation is about process, while
Arbitration is about results. The process of litigation wears down the parties involved at the same time enriching the attorneys involved. The attorney’s are often the only real winners in litigation. In litigation, the parties generally need to hire an attorney to represent them because the process of the law must be precisely followed. In arbitration, the parties may represent themselves with little knowledge of the law or of the arbitration process. In litigation, the case may be decided by a judge who has little or no knowledge of construction. In arbitration, the parties themselves have a voice in who is chosen to be the decision maker, the parties can choose to have an industry expert be their arbitrator, typically eliminating the need,
and the cost, of educating a judge or jury about the specifics of the construction process involved in the dispute. Every american has the right to waive their right to a trial and choose to arbitrate instead, but both parties must agree.