Arbitration refers to the process of resolving conflicts without going to court or making things public. Businesses should consider using arbitration agreements because it allows them to manage legal risks and resolve disputes out of the courtroom.
Businesses can enter arbitration agreements with both the customers and employees and can resolve any conflict without making things complicated. An arbitration agreement ensures that neither party has to go to court, nor no one has to face huge repercussions for a small mistake.
If you are considering getting an arbitration agreement for your business, then you have stumbled on the right blog. In this article, I have mentioned some of the main reasons due to which businesses enter into an arbitration agreement. Let’s take a look:
One of the major reasons businesses prefer arbitration agreements is that they keep things private. Once you have entered the arbitration agreement, your dispute will be dealt with behind closed doors, and you won’t have to worry about any information leaking.
If the matter ends up in court, there is no way of making sure that the news doesn’t get out because court events are public proceedings. Also, most of the documents you will submit for the case will also become public, and you won’t be able to do anything about it.
Arbitration proceedings are private, and you submit all the case data to the arbitrator directly. The arbitrator then proceeds with the case and makes a decision after going into the details of the case. Once the case is concluded, only a small part of the information is made public.
Control over Choosing an Arbitrator
When you take your conflict to court, you would be assigned a judge randomly, and you will have to deal with them regardless of whether you like it or not. Having the wrong judge on the panel can prove bad for both parties involved, and that can affect the case badly.
With arbitration, you have a say in who concludes your case. If both parties want a certain arbitrator, then they can simply ask for it, and they will be assigned to their case. On the other hand, if both parties can’t choose an arbitrator together, they can simply submit their preferences. The committee will make sure that they get the arbitrator that suits both parties.
Control over Proceedings
In an arbitration agreement, things work differently. The rules and laws of the proceeding are not absolute, and the involved parties can change them if they both agree to it. Some arbitration agreements might have a few strict rules, but most of them can be modified according to your liking.
Most arbitration agreements are decided by the involved parties when they get into the contract. You can also change the type of law that applies to those agreements. If you are in Colorado, that doesn’t necessarily mean that you have to follow their laws regarding any disputes.
Fast and Streamlined
If you are taking your disagreement to court, then you will have to wait around twelve or more months before you get your trial. This is a very long time, and a lot of things won’t be the same on the date of the court proceeding. Unless you want to wait a whole year, it is advised that you use arbitration agreements for your business.
On the other hand, arbitration agreements are quite fast, and you can get a hearing date within three to five months. It allows both parties to end their dispute quickly so that they can focus on more important things.
Arbitration agreements are not like court agreements that can be challenged by the losing party immediately after the decision has been made. When two parties enter an arbitration agreement, they both know that the arbitrators will pass their judgment and that decision will be the final.
In courtrooms, the losing party has the right to appeal the decision, which can cause more complications. Many cases in history have lasted for years because of the appealing process.
Arbitration is final and binding, and if the other party will have to accept the decision even if they don’t like it.