How is the arbitration process different from the litigation process?

The arbitration process is different from the litigation process in several ways. In South Carolina, alternative dispute resolution (ADR) laws allow for parties to resolve their disputes outside of court through the arbitration process. In arbitration, the parties select a neutral person, called an arbitrator, to consider their case and make a decision. The arbitrator is usually a legal expert in some area of the law, but will not be a judge or jury as in litigation. Unlike litigation, arbitration is a more informal process that does not have strict rules of evidence or procedure, and the parties can usually agree on the rules and procedure that will be followed. This means that the parties may have more control over how their case is handled. Furthermore, because the arbitration process is private, the parties’ dispute is not publicly heard, as it would be in litigation. Additionally, the parties can usually agree in advance how much the arbitrator’s fee will be and the amount of time it will take to complete the process. This makes the arbitration process much faster and often cheaper than litigation – something that is very important to parties in a dispute. Finally, the arbitration process is usually nonbinding, meaning that the parties can still go to court if they disagree with the decision of the arbitrator. This gives the parties an opportunity to pursue their dispute further if they disagree with the arbitrator’s decision. Litigation, on the other hand, is a binding process, meaning that it is final and the parties have no recourse.

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