Litigation
THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION
AS COMPARED TO LITIGATION
By
Arthur Mazirow, Esq., CRE
Real Estate Arbitrator, Mediator,
Expert Witness and Consultant
Los Angeles, California
Website: Mazirow.com
Presented to The Counselors of Real Estate
April 13, 2008
Chicago, Ilinois
796608.1
© 2008 Arthur Mazirow
796608.1
© 2008 Arthur Mazirow
The Advantages and Disadvantages of Arbitration
As Compared to Litigation
By
Arthur Mazirow, Esq., CRE
Los Angeles, California
1.
ADVANTAGES OF ARBITRATION
1.1
The following are said to be advantages of arbitration over court litigation:
A.
Speedier resolution; however, there can be exceptions due to multiple parties, arbitrators, lawyers and litigation strategy.
B.
Less costly; however, there can be exceptions due to multiple parties, lawyers, arbitrators and litigation strategy.
C.
Exclusionary rules of evidence don’t apply; everything can come into evidence so long as relevant and non-cumulative.
D.
Not a public hearing; there is no public record of the proceedings.
Confidentiality is required of the arbitrator and by agreement the whole dispute and the resolution of it can be subject to confidentiality imposed on the parties, their experts and attorneys by so providing in the arbitration agreement.
E.
From defense point of view, there is less exposure to punitive damages and run away juries;
F.
A party may record a lis pendens even if there if an arbitration pending by filing a law suit and then holding the case in abeyance until the arbitration is resolved.
G.
The ability to get arbitrators who have arbitrator process expertise and specific subject matter expertise.
H.
Limited discovery because it is controlled by what the parties have agreed upon and it is all controlled by the arbitrator.
I.
Often, the arbitration process is less adversarial than litigation which helps to maintain business relationships between
AS COMPARED TO LITIGATION
By
Arthur Mazirow, Esq., CRE
Real Estate Arbitrator, Mediator,
Expert Witness and Consultant
Los Angeles, California
Website: Mazirow.com
Presented to The Counselors of Real Estate
April 13, 2008
Chicago, Ilinois
796608.1
© 2008 Arthur Mazirow
796608.1
© 2008 Arthur Mazirow
The Advantages and Disadvantages of Arbitration
As Compared to Litigation
By
Arthur Mazirow, Esq., CRE
Los Angeles, California
1.
ADVANTAGES OF ARBITRATION
1.1
The following are said to be advantages of arbitration over court litigation:
A.
Speedier resolution; however, there can be exceptions due to multiple parties, arbitrators, lawyers and litigation strategy.
B.
Less costly; however, there can be exceptions due to multiple parties, lawyers, arbitrators and litigation strategy.
C.
Exclusionary rules of evidence don’t apply; everything can come into evidence so long as relevant and non-cumulative.
D.
Not a public hearing; there is no public record of the proceedings.
Confidentiality is required of the arbitrator and by agreement the whole dispute and the resolution of it can be subject to confidentiality imposed on the parties, their experts and attorneys by so providing in the arbitration agreement.
E.
From defense point of view, there is less exposure to punitive damages and run away juries;
F.
A party may record a lis pendens even if there if an arbitration pending by filing a law suit and then holding the case in abeyance until the arbitration is resolved.
G.
The ability to get arbitrators who have arbitrator process expertise and specific subject matter expertise.
H.
Limited discovery because it is controlled by what the parties have agreed upon and it is all controlled by the arbitrator.
I.
Often, the arbitration process is less adversarial than litigation which helps to maintain business relationships between