How is the arbitration process different from the litigation process?

Arbitration and litigation are two different processes used for Alternative Dispute Resolution (ADR) in Washington. Although both processes involve presenting evidence and arguments before a neutral third party in order to resolve a dispute, they differ in a few key ways. First, arbitration is private, meaning that both parties must agree in writing to resolve the dispute through arbitration, and the proceedings involved are confidential. On the other hand, litigation is public. This means that the proceedings are relatively visible, with court documents that are open to the public. Additionally, arbitration tends to be faster and more cost-effective than litigation. This is because the rules of evidence are more relaxed in arbitration, and attorneys are often not required. Litigation can be a costly and time-consuming process, as both parties must comply with evidentiary rules and likely require the services of attorneys. Another key difference between arbitration and litigation is that the decision reached by the arbiter is final and binding, unlike a decision by a judge in a court of law. In arbitration, both parties have little to no recourse to have the ruling overturned. While both processes offer ways of resolving disputes in Washington, arbitration and litigation differ in terms of confidentiality, cost, speed, and finality. Understanding the differences between the two processes is essential when considering ADR options.

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