In the case of the standard method of getting justice in India, litigating is the only way. It is typically referred to through advocates in court, who present the facts according to their clients. Evidence supporting the case is presented by the parties in question to the courts. The presiding officer, i.e., the judge, considers the evidence presented to them in the forms of evidence, statements, documents, and so on. and decides on the case according to the laws in force.

However, most people aren’t familiar with alternative dispute resolution processes (ADR). They might understand the terms but do not clearly understand what it is or how it can help solve disputes more efficiently. In a way, this inadequacy is one of the reasons why people prefer traditional litigation over arbitration or other forms of ADR.

When we try to comprehend how arbitration and litigation work, we will find instances of rights-based procedures, arbitration is a process outside of court to resolve disputes by an independent third party chosen by the parties involved in the conflict. This page explains some similarities between litigation and arbitration and the distinct differences that separate the two ways of settling disputes.

Difference Between Litigation and Arbitration

The table below focuses on the different aspects encountered when settling disputes and the particularities under traditional litigation and the actual arbitration proceedings. Each one is discussed, and the defining characteristics of arbitration, or the usual court proceedings, are discussed from now on.

Similarities Between Arbitration and Litigation

As the distinction between arbitration and litigation is evident, it is necessary to comprehend why they both seek the same outcome: the decision to settle the event of a legal dispute. In both cases, one side wins, and the other is disadvantaged. This is why the same aspects that create litigation and arbitration proceedings alike.

Concluding Remarks

Both arbitration and litigation aim to ensure justice by observing the applicable law. The state itself usually creates the legal system. Though arbitration is usually a private business of the parties involved, the state encourages ease of use throughout the process. Therefore the state is not entirely detached from the process of arbitration. The concept is to resolve disputes that do not require strict procedural procedures speedily. This is why those involved in the justice system are adamant about alternative dispute resolution, as it is easier and could ease the burden of justice courts relatively.