What is the difference between arbitration and civil litigation?

Arbitration and civil litigation are two very different kinds of legal proceedings used to resolve disputes. Arbitration is a less formal and often less expensive alternative to litigation. It involves an impartial third party, known as an arbitrator, who is presented with evidence from both sides and makes a decision based on the facts. The decision of the arbitrator is binding and final, so the parties must follow the arbitrator’s decision. Civil litigation, on the other hand, is a formal process that takes place in a courtroom before a judge or jury. In civil litigation, either side may present their evidence to the judge or jury, and the judge or jury will decide the case. This decision may be appealed, and both sides have the right to present their case in court. Additionally, the rules of evidence and procedure for arbitration and civil litigation often differ. In arbitration proceedings in New Mexico, the parties can agree to less formal rules and procedures than those used in court. This allows the parties to present their evidence in a more streamlined process. On the other hand, the rules of evidence and procedure in court are more strict and both sides must follow the rules. This allows for a more thorough examination of the facts and gives both sides a fair chance at presenting their case. Overall, arbitration and civil litigation are two very distinct legal processes used to resolve disputes. Although they have certain similarities, the key differences lie in the type of decision maker, process, rules of evidence and procedure used.

Related FAQs

What is the difference between arbitration and civil litigation?

Related FAQs

Related Blog Posts