• Dispute Resolution: On One Hand...
  • June 23, 2004 | Author: Markus Koehnen
  • Law Firm: McMillan LLP - Toronto Office
  • What should be my primary considerations in choosing arbitration over litigation for dispute resolution?

    The real advantages of arbitration include the freedom to choose the decision maker, continuity in the decision maker, avoiding jury trials and confidentiality, although the latter two may not be advantageous, depending on the context. Other frequently cited "advantages" -- simplicity of process, finality (i.e., no appeals) and speed being the most common -- are often not. Remember that rights of discovery and appeal were not introduced to prolong litigation, but to improve the quality of justice. Tight timetables, simplified procedures and finality may become barriers to mounting an effective case.