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 For instance, if you are looking to file a patent, you would not want to hire a defamation lawyer. In order to understand how the legal system and methodologies work, having some basic information is important.
For instance, there is a difference between litigation and arbitration and here are some of the main differences:
Formality and procedure –
• Litigation involves a formal court process where parties present their cases to a judge or jury and there are strict procedural rules, including discovery, motions, and trials.
• In contrast, arbitration is less formal, conducted outside of court by an arbitrator or panel chosen by the parties. The process is normally quite flexible and allows for customized procedural rules agreed upon by both sides.
Control over process -
• In litigation, the court controls many aspects of the process, such as scheduling, evidence rules, and the timeline for resolution. Parties have limited control and little choice but to adhere to the court mandated schedules.
• On the other hand, arbitration offers more control to the parties, because they get to choose the arbitrator, decide on procedural rules, and schedule hearings at times that are mutually convenient.
Privacy and confidentiality –
• Litigation is generally a matter of public record and unless sealed by the court for any particular reason, court proceedings, filings, and judgments are accessible to the public.
• However, arbitration proceedings are private and confidential, because there might be sensitive information that needs to be protected or privacy that needs to be maintained.
Finality and appeal -
• Litigation outcomes can be appealed to higher courts – your litigation lawyer can appeal on your behalf, but this could prolong the process of resolution.
• Appeals are limited in arbitration, as arbitration awards are usually final and binding; but this finality can provide closure to disputes and avoid lengthy appeals.
Blackbay Lawyers is one of the leading litigation law firm in Sydney, where you can find experts for your litigation, arbitration and defamation cases.