Arbitration

Arbitration

According to the judicial systems in the United States, citizens and other parties are mainly encouraged to find other ways and means of arbitrating their disputes using alternative methods to litigation. This is because such options are more flexible, comfortable, and help in reducing the stress undergone in a court of law since arbitration is therefore a substitute the judicial process in cases where the judicial system is cumbersome.

Arbitration has various advantages. Firstly, this process is cheaper and the money used will be less since it depends on the arbitrator to make the final decision, which is contested in a court if there was fraud or bias in passing judgment. Consequently, arbitration proves helpful for cases that involve less than 50000$. Arbitration will give the parties that is the civil servants an opportunity to work out an outcome that can suit them both.

Justice is undeniable if the party that demanded for a trial in case the trial does not lead to an improvement by 10% of the aggrieved party. Therefore, this would likely encourage arbitration. This statute will help in reducing the backlog of cases and hence giving judges ample time to deal with cases of utmost importance (Bennett, 2002). Arbitration will settle matters amicably for lesser offences. In addition, arbitrated trials have a better chance of judgment as compared to court trials although this system of conflict does not discourage crime since this form of arbitration does not involve very stern measures.  Due to this, members will tend to repeat the same mistakes unlike when they had faced a court for serious punishment.

Hence, this is not denial of justice to the litigant because the only injustice is he has to pay for the court fees.  This will aim at moving such cases to arbitrators and discourage the cases from appearing before the law courts. Similarly, the court will deal with the many cases that are urgent and need more time to ensure efficiency in the judicial system (Bennett, 2002).

In conclusion, the adoption of arbitration by the state on such cases will save time, money and congestion in the law institution.

References

Bennett, S. C. (2002). Arbitration: Essential concepts. New York, N.Y: ALM Pub.

 

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