What are the differences between a trial and an arbitration?

The primary difference between a trial and an arbitration is that a trial is conducted in a court of law while an arbitration is conducted outside of court with a neutral third-party mediator. A trial usually involves a judge, a jury, attorneys, and witnesses. In a trial, each party presents evidence to the jury or judge who then decided the outcome. In an arbitration, the parties present evidence and arguments to the mediator, who then comes to a decision that is legally binding on the parties. Another difference is that a court trial is a public proceeding, while an arbitration is usually private. This means that the proceedings of a court trial are open to the public, whereas the proceedings of an arbitration are private. Additionally, the rules of evidence for a trial are very strict and must be followed, while the rules of evidence for an arbitration are more lenient. In South Carolina, both trial and arbitration are important tools for resolving civil disputes. Which one is chosen depends on the facts and circumstances of each case and the parties involved. In South Carolina, arbitration is often used for resolving disputes because it is less expensive, more private, faster, and more flexible. However, a trial may be necessary in certain civil disputes, such as breach of contract or personal injury cases, where a jury needs to resolve factual disputes or damages need to be assessed.

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