What are the differences between a trial and an arbitration?

A trial and an arbitration are two distinct paths for resolving a legal dispute. In Kansas, either path may be chosen when two parties have a disagreement that requires resolution outside of negotiation. A trial is considered a more formal process. It is held in a court of law and is presided over by a judge. Evidence and testimony is presented in accordance with the court’s rules of procedure, and the court decides the outcome. In a criminal case, a jury of ordinary citizens may be involved in hearing the evidence and helping to decide the outcome. Arbitration is slightly different. In arbitration, the parties agree to abide by the decision of a third-party. This third-party is usually an expert in the field related to the dispute, and the parties can agree on who the expert will be. In Kansas, accident law requires that if the parties cannot agree on a third-party, the court will appoint someone to serve as the arbiter. The main difference between a trial and an arbitration process is that, in a trial, the court’s decision is legally binding and can be appealed, while in arbitration, the arbiter’s decision is usually non-binding and cannot be appealed. In arbitrations, the parties are still able to present evidence and make arguments, but they must do so in accordance with the procedures and rules set forth by the arbiter. In Kansas, accident law favors arbitration because it is often a faster and less costly way to resolve disputes. However, it is important to understand the difference between a trial and an arbitration and to make sure to select the best path for resolving the dispute.

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What are the differences between a trial and an arbitration?

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