When Should You Take A Dispute To An Arbitrator Rather Than A Judge?

When Should You Take A Dispute To An Arbitrator Rather Than A Judge?

Arbitration differs from mediation on several levels. First, unlike the mediator, the arbitrator has real decision-making power that can bind the parties. Indeed, arbitration is, in reality, a “mock trial” during which an arbitrator is responsible for hearing the arguments of the parties to the conflict and rendering a verdict called the “arbitration award.” This is moreover binding between the parties.

So, what is the advantage of opting for arbitration if it is only a personal form of the traditional process? It is, above all, an effective way of preserving the confidentiality of the conflict. Many people are unaware that the justice of the courts is public. This means that anyone can be informed and even attend the hearings of a trial.

When the dispute concerns a commercial conflict, business secrets may be revealed during pleadings, something the parties are interested in avoiding. Let us say that commercial arbitration enjoys particular popularity, especially for this reason.

Arbitration is also a means of ensuring a faster settlement of the dispute via arbitration lawyers. The traditional trial may require to wait several months before going before the judge and several more months before obtaining the judgment which settles the dispute. This can make the conflict obsolete, and that is why arbitration, which can be resolved in a matter of weeks, is very advantageous on this front.

How Do You Get Someone Into Arbitration?

A common point between mediation and arbitration is that since it is a private settlement mode, you cannot force someone to go there unless you have stipulated it in advance in a contract.

What Can Causes Not Be Brought To Arbitration?

Unfortunately, arbitration has certain limits provided for in the law, which is not surprising when you consider that anyone can act in their capacity. For this reason, some of your cases will not be able to be referred to an arbitrator!

In family matters, divorces, child custody, alimony, and other related proceedings may under no circumstances be submitted to an arbitrator. If a person presents himself with such a cause to arbitration, the award rendered would be null and void because only judges from ordinary courts have sufficient expertise to decide in these matters.

The protection of incapacitated adults is also one of the areas excluded from the competence of the arbitrator. This includes, in particular, requests for the homologation of mandates of incapacity, requests for the opening of tutorship, curatorship, or any other request related to the inability of adults.

Despite these restrictions, the arbitrator remains a competent professional who can work in various civil law areas. An excellent reason to consider arbitration to resolve your problem elsewhere than before a judge.

Category Law

Multimag Comments

We love comments
No Comments Yet! You can be first to comment this post!