Arbitration

Arbitration is the process by which parties engage a third party to hear and decide differences between them. The process can be mandatory, as is the case for labour arbitrations, or optional, as is the case for employment or civil litigation matters.

Arbitration has multiple advantages to the alternative of Court based litigation. The parties choose the arbitrator, usually on the basis of expertise and experience. The process is less formal than Court and is often less lengthy and more cost-efficient. The parties and the arbitrator are often able to agree on methods to introduce evidence in the most efficient manner. It is usually possible to have a matter decided by arbitration more quickly than would be the case for the Courts. Arbitral decisions are not subject to appeals, unlike Court cases, and are substantially protected from successful judicial review. Decisions are intended to be, and almost always are, final and binding.