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If you’re not on the front lines of the judicial system, it’s easy to get lost in legal jargon. However, one of the key distinctions worth learning is the difference between arbitration and civil litigation. Whether you’re involved in a case or want to bring one to fruition, the following comparison will help you make a more informed decision about future proceedings.

Learning the Difference Between Arbitration & Civil Litigation

What Is Civil Litigation?

civil litigationThe litigation process most closely resembles the standard idea of the judicial system—a court, a judge, and a jury. While criminal litigation deals with a law-breaking party vs. the people, civil litigation involves the public settlement of a dispute between two parties.

What Is Arbitration?

This format provides a private environment for two parties involved in a civil dispute. Instead of being settled in a court, in front of a judge, they are mediated by an arbitrator—an independent third party. Much like a judge, this group or individual will hear evidence and listen to witnesses before rendering a decision.

What Should I Consider When Deciding Between the Two?

Since civil litigation involves much more of a spectacle than an arbitration, it’s common for many parties to choose the latter. Typically, litigation takes longer, costs more money, and is more unpredictable than arbitration. The main perk of working with an arbitrator in a civil dispute is gaining quick access to a resolution, particularly in a business-related matter. Plus, when a decision is reached, both parties must agree that it can be made public—litigation automatically results in a public outcome.

On the other hand, the decisions reached during arbitration are often binding, which means they usually can’t be appealed. If you take the civil litigation route, you can lose the dispute and still ask for the court of appeals to reconsider it. When it comes to evidence, the arbitrator will have control over what items or information is allowed, while litigation brings to light all evidence on both sides.

 

If you’re interested in learning more about the civil litigation or arbitration processes, get in touch with The Law Office of W. Randall Holcomb in Greensboro, NC. As a respected civil litigation and business lawyer, Attorney Holcomb will work hard to ensure your case is fought fairly and passionately. For more information on his work on everything from property disputes to employment agreements, visit the website. You can also call (336) 888-8760 to set up a consultation.

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