Consumers Explore Alternatives to Litigation : SHOP UBB
Consumers Explore Alternatives to Litigation
Not all consumers wish to use traditional litigation to resolve their legal disputes. A variety of alternatives allow consumers to choose the option that best suits their legal resolution needs.
The number of court cases continues to rise, meaning courts are inundated with a large number of cases that need to be resolved. Many people are unwilling to pursue litigation due to the amount of time and energy required to resolve a case.
Costs of pursuing a dispute through court litigation have also risen. Consumers are looking to save money due to the shaky economy. Pursuing an alternative to litigation can also mean spending less in order to receive a judgment.
Mediation is one alternative that consumers can consider when trying to resolve a dispute. Mediation is a less expensive, less formal way to resolve a dispute. A mediator helps each party involved in a dispute to clarify their needs and reach a mutually satisfactory solution.
Arbitration is a second alternative to litigation. Like mediation, arbitration is less expensive, less formal, and timelier. Arbitration does involve the judicial system, but in a different way than litigation. The case is brought before a neutral third party arbitrator, often times a former judge, who hears the case and delivers a final decision in favor of one of the parties.
Arbitration offers parties pursuing a dispute the benefits of a decisive legal outcome without the cost and time involved in traditional litigation. Organizations like the National Arbitration Forum can assist consumers in pursuing arbitration.
Recent research has shown that consumers are recognizing the benefit of alternatives to litigation, in particular arbitration. A new white paper entitled “Arbitration—A Good Deal for Consumers” from Catholic University of America Professor Peter B. Rutledge concludes that consumers actually prefer arbitration over litigation.
Findings from a National Survey of Likely Voters further support this conclusion. The study of registered voters likely to vote in the 2008 election found that 82 percent chose arbitration to settle a serious dispute with a company while only 15% chose litigation. Arbitration is fast becoming the preferred way for consumers and business to resolve legal disputes.
Consumers Explore Alternatives to Litigation / Author: arbforum
