What are the differences between a trial and an arbitration?

The main difference between a trial and an arbitration is that a trial is heard and decided upon by a judge or jury in a court of law, while an arbitration is heard and decided upon by an arbiter who usually has a specialized knowledge in the type of claim in question. A trial is the standard form of dispute resolution and takes place in a court of law. During a trial, both sides present evidence and witnesses in order to sway the opinion of the jury. The jury or judge listens to both parties and makes a judgement based on the evidence. The end result of a trial is a verdict. Arbitration is an alternative form of dispute resolution and is sometimes referred to as “private justice” because it takes place outside of court and is confidential. In an arbitration, an arbiter will hear both sides of the dispute and will come to a decision without a jury present. The decision of the arbiter is binding and cannot be appealed. In California, the most common type of arbitration is binding arbitration. In this form of arbitration, the parties must abide by the arbitration decision and have no right to appeal. Arbitration is usually faster and more efficient than a trial, and is often less expensive than a trial. Overall, the main difference between a trial and an arbitration is that a trial is heard and decided upon by a judge or jury in a court of law, while an arbitration is heard and decided upon by an arbiter outside of a court of law. The decision of the arbiter is binding, meaning that it can’t be appealed.

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What are the differences between a trial and an arbitration?

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