Skip to main content

Court Litigation & ADR : Comparative Analysis



 Which mechanism should be adopted by you? The litigation process is not a speedy way to resolve disputes since it has the potential to drag on for months, even years. ADR, on the other hand, was formulated with the view of relieving the courts of their burden of numerous cases. But ADR has become very popular now, and every contract has an arbitration clause in it so that parties do not have to go through tenuous litigation processes. Let us see their comparison:

· Cost Factor:-

In most cases, the costs and expenses of arbitration are not as much of as litigation. The costs for the arbitration process are restricted to the fee of the arbitrator based on the quantum of the claim, expertise of the arbitrator, expenses, and lawyer fees. The lack of pre-hearing motions and multiple testimonies, as well as the conclusiveness of the decision, results in reducing attorneys' fees and costs.

Costs for litigation take account of lawyer fees and court costs, which can be very high for the reason that litigation is most of the condemned for the time and expense of pre-trial detection The cost of prolonged trials in the courtroom increases the cost of litigation. 

· Time Factor:-

The arbitration process is fairly speedy. Once an arbitrator is appointed, the case can be heard straight away. An arbitration hearing can often be observed in a matter of months and not years. In courtroom litigation, one has to hold on till the court has time to observe it; this can take many months, even years before the case is heard.

· Opportunity to present Evidence:-

The arbitration process has an inadequate evidence procedure, and the arbitrator controls what evidence is presented. This is one of the loopholes of the arbitration process whereby parties don't get the opportunity to present full disclosure of evidence and testimonies which consequently affects the Judgment. Litigation necessitates full disclosure of evidence to both parties subsequently there are subpoenas, interrogatories, and discovery processes for executing effective judgment.

· Privacy:-

Arbitration is private and confidential. The proceedings are not subject to public records. Arbitrators preserve the confidentiality of the hearings except for some law that necessitates the contrary. Litigation is a formal process conducted in a public courtroom. Lawsuits can damage reputations since Court filings and trial testimonies are subject to public records.

· Appointment of Arbitrator/Judge:-

The parties in the arbitration process can decide jointly on the arbitrator. In litigation, the judge is appointed and the parties have little or no say in the appointment. The parties may have some say in whether a case is heard by a judge or a jury considering the principles of natural justice.

· Ease of use of Appeal:-

The arbitration process is binding upon the parties. The parties commonly have no appeal option, unless an appeal has been incorporated in an arbitration clause. However, some arbitration judgments may be revised by a judge and may be removed if it is proved that the arbitrator was biased and subjective. Litigation allows multiple pleas at various stages starting from the District Court to the Apex Court. The courtroom is a far more satisfactory way of resolving disputes.

· On-going Relationship:-

Arbitration preserves ongoing business or personal relationships by resolving disputes amicably thereby allowing flexibility, control, and participation of the disputing parties. Courtroom litigation, which inclines to be more antagonistic in nature. This may not take into account whether litigants have continuing relationships or not.

Your subscription could not be saved. Please try again.
Your subscription has been successful.

Newsletter

Subscribe our web Equa.Law and get latest update of Mediation.

Popular Posts

‘Negotiation’ vs ‘Mediation’ vs ‘Arbitration’

An alternate dispute resolution (ADR) is a method used to resolve issues without resorting to a court case. The different methods of doing so under the ADR umbrella include negotiation, mediation, and arbitration. This article explores the different methods and tries to explain to the readers the pros and cons of the same.  Starting with Mediation, the term "mediation" refers to the procedure wherein parties to a dispute are helped to resolve their differences by a neutral third party that does not favour one side).  The neutral third person is known as the 'mediator', and the mediator helps the parties communicate by acting as the communicator between the two parties. The mediator controls the flow of information between the parties in a reasonable, transparent, and unbiased manner.  The mediators don't take sides, offer counsel, or offer legal advice to any parties. They do not serve in either of these capacities. They help by outlining the points of contention

Scope & Importance of ADR

The mechanism of ADR System and its techniques are an extra-judicial remedy to resolve disputes outside the legal fora. These techniques can be used in all those cases, which are capable of being resolved, under law, by mutual agreement between the parties. The scope of ADR is wider and can cover cases of civil nature, commercial, industrial and family disputes or any other cases of urgent nature. The ADR works across the full range of business disputes: banking; contract performance and interpretations, construction contracts, intellectual property rights, insurance coverage, conflicts in joint ventures, partnership differences, personal injury; product liability; professional liability, real estate, and securities. The mechanism of the ADR system may offer the best solution in commercial disputes of an international character. The scope of an ADR System is not intended to supplant existing means of dispute resolution. It offers only alternative options to litigation. There is a large

ADR: The legal necessity for Post Covid India

Name – Garvit Bhardwaj College - Faculty of Law, University of Delhi "Discourage litigation, persuade your neighbors to compromise whenever you can. Point Out to them how the normal winner is often a loser in fees, expenses, cost and time"- These words of Abraham Lincon have passed the test of time as to how reduced litigation can be beneficial for society. But a highly commercialized and developing society like ours is bound to face disputes which shift the emphasis from avoiding litigation to providing faster means to resolve unavoidable conflicts. The unprecedented COVID-19 crisis is likely to lead to an upsurge in the number of cases before the judiciary. For instance, consumer, tenancy, and labor disputes are likely to see a rise soon and our judicial system stands incapable of handling them effectively. The Indian Judicial system, even after 75 years of independence, is still facing crippling backlogs and delays. Approximately 73,000 cases are pending before the Supreme