What is the difference between arbitration and litigation?
Arbitration and litigation are both forms of dispute resolution. Litigation is a formal process where two or more parties take a case to court to have a decision made by a judge or jury. During the process of litigation, the parties will present their evidence and the court will make a decision. In contrast, arbitration is a less formal process where two or more parties bring their dispute to a neutral third-party arbitrator for a decision. The arbitrator hears the evidence and arguments from both parties and then makes a decision. The primary difference between arbitration and litigation is the level of formality. Arbitration proceedings are usually faster and less expensive than litigation, and the decisions made in arbitration are usually final and binding. Arbitration may be an option in some disputes in Massachusetts, though it is important to note that depending on the case and the parties involved, the court may reject arbitration and require the parties to go through a formal litigation process. It is always best to consult a lawyer to understand the legal process for your particular case.
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