arbitration

• What are the disadvantages?

  • Lack of legal expertise
  • lack of awareness
  • Inconsistences
  • High fees for professional arbitrators
• Why is Lack of legal expertise a disadvantages?

  P - Arbitrators may not be able to answer all questions that a professional lawyer can

  D - They tend to lack the legal knowledge

  E- therefore relying on witnesses giving expert evidence
• Why is Lack of awareness a disadvantage?

  P - There is a low up take due to not having legal expertise, some cases aren't appropriate for arbitration

  D - Also some parties may not want to try it, not understanding it or having faith in the system
• Why is inconsistences a disadvantage?

  P - As arbitrators are not bound by the rules of precedence, each case s judge based on its own merits with no real guidelines for future disputes

  D - Therefore leading to inconsistences in decisions and conclusions
• Why is High fees for a professional arbitrator a disadvantage?

  P - They may charge higher prices for their time as they're professionals

  D - Also the length of time it takes to do a case may heighten the price
• What are the advantages Arbitration?

  • quicker than the courts
  • Less formal
  • Convenient
  • Is more private
• Why is it being a quick process an advantage?

  P - Process will be shorter than court due to being given an early date

  D - Therefore frees up the court for more serious cases as hearing with arbitrators take a day or a day and a half
• Why is it being less formal than courts an advantage?

  P - There is no lawyers or other legal professionals involved

  D - Minimising the complicated legal rules and evidence
• Why is it being a convenient process an advantage?

  P - a big advantage as he time, venue and date can be decided by the clients 100%

  D - making it more flexible to their needs
• Why is it being private an advantage?

  P - Unlike a court hearing there is no public gallery

  D - meaning it is 100% private as there will be no media

  E - Therefore maintains their reputations as the confidentiality is kept between the parties and the arbitrator