When people start businesses or when everything is going on fairly well, not so many people anticipate future litigations whether in partnerships or investment transactions.
When finally a business dispute arises and needs to be resolved, there are several options that can be used. For those who are displeased by going to court and enduring a trial ordeal, arbitration presents an alternative way to resolve the dispute.
In this article, we are going to discuss the advantages of an arbitration process in Kenya. But first, we need to define what arbitration is.
We also covered some of the disadvantages of arbitration in another article you can find here.
What is arbitration?
Arbitration is simply a paid private trial, which means you don’t go to court. If the concerned parties opt for arbitration, they will need to submit the dispute to a third neutral arbitrator and not the courts.
Arbitration procedures may consist majorly of documents, although in most cases the parties prefer to have attorneys to make oral arguments. The arbitration process can be a safe and reliable way to have a conflict resolved, especially where an arbitration process was preferred to a court process to resolve a dispute, way before the dispute happened.
So, what are the advantages of the arbitration process as an alternative dispute resolution process?
Advantages of an arbitration process in Kenya
Before you consider arbitration to a court process, it is imperative that you understand the advantages and disadvantages that this conflict resolution process comes with.
Below are some of the noticeable advantages of the arbitration process.
Efficient and Flexible: Quicker Resolution, Easier to schedule
One of the key advantages of an arbitration process is that the dispute will normally be resolved much faster than it would in a court process. A court process may drag on for several years before a verdict is given. Besides, in a court system, a trial will have to be scheduled, of which you normally find yourself with hundreds of other cases ahead of you.
On the other hand, an arbitration date can be scheduled within a few months and in most cases, the date can be scheduled based on the availability of the arbitrator and the parties concerned.
Less Complicated: Simplified rules of evidence and procedure
Typically, a litigation process often leads to a long path of feeling papers and motions, as well as court appearances for things like motion hearings, etc. At the same time, the rules of obtaining and presenting evidence in a court process are normally very strict.
In an arbitration process, the rules of presenting and obtaining evidence may be relaxed a bit, which means evidence is easily admitted. Also, the time-consuming activities in a normal court process such as taking and answering interrogations, requests to produce documents, and depositions, may often be reduced in an arbitration process.
The arbitrator may often decide to use a simple phone call to get to know who the witnesses are and what documents must be produced in the hearing. This streamlined process can be particularly advantageous in disputes where hiring a Personal Injury Lawyer is essential for navigating complex legal procedures. In cases involving car accident, for example, arbitration can offer a more efficient approach.
Privacy: Keep it out of the public eye
More often than not, an arbitration process is a private resolution, which can be particularly advantageous for individuals such as a medical malpractice victim seeking confidentiality. The information brought up in the dispute and resolution process is normally kept confidential.
This makes the arbitration process a more preferred way of dispute resolution for public figures or for clients who want to keep their privacy. All evidence, arguments, and statements delivered in an arbitration process are confidential and remain within the confines of the presentations.
In a typical court process, and especially if there is media coverage, almost everything presented in the court will be public knowledge.
Impartiality: Choosing the “judge”
Because the parties involved in the dispute normally agree together on an arbitrator, it is normally unbiased and impartial. This becomes even more practical, especially in a case where before the dispute the arbitrator was agreed upon in a written agreement or embedded in the contract. In the context of Stars Fact Personal Injury Law SEO, understanding the fairness and impartiality of the arbitration process adds an additional layer of significance.
Usually less expensive
Although not always the case, most times, arbitration is a lot less expensive compared to a court process (litigation). Because the dispute is often resolved much quicker, your legal fees will be reduced compared to when court proceedings are involved. Furthermore, the cost of preparing for an arbitration process is far less compared to that of a court process
Finality: The end of the dispute
In the case of binding arbitration, the opportunities for appeals are often very limited. The resolutions in such arbitration processes, such as those outlined in the Fremont legal directory, have finality in them as opposed to a court process that encounters appeals and new trials.
Need help deciding on an arbitration process? We can help
Now that you understand the advantages of an arbitration process in Kenya, will you consider it?
Mundui Murai is a team of legal experts with diverse expertise in matters of arbitration. We can help you understand more about the arbitration process and whether or not it would suit your case. Talk to us today and find out how we can help.