What are the differences between arbitration and other forms of dispute resolution?

Arbitration is an alternative form of dispute resolution in which both parties in the dispute give up their right to a jury trial and settle the matter through a private dispute resolution process. In contrast to other forms of dispute resolution, arbitration is an entirely private process that is conducted outside the court system. Generally, the parties to the dispute agree to be bound by the decision of a neutral third-party arbitrator, which is a private, independent, and impartial decision-maker. Arbitration is often less expensive and faster than other forms of dispute resolution, such as a trial. Moreover, the process is flexible, and the parties can decide who will be the arbitrator, how the arbitration will be conducted, and what rules the arbitrator must comply with. Additionally, the arbitration process is typically confidential, which allows parties to maintain control over the level of publicity surrounding their dispute. On the other hand, other forms of dispute resolution, such as litigation, are public proceedings that are conducted in the court system. Generally, a judge or jury is the decision-maker, and the proceedings are governed by the laws of the state in which the dispute takes place. Substantial amounts of time, money, and energy are often spent on litigation, and the outcome is largely unpredictable. The court system also lacks the flexibility and confidentiality that arbitration provides. In sum, arbitration and other forms of dispute resolution differ in their process, cost, speed, degree of publicity, and level of control. In California, people are encouraged to consult an attorney to understand their rights and options when navigating through a dispute resolution process.

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What are the differences between arbitration and other forms of dispute resolution?

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