When it comes to the disputes in the construction industry, construction litigation and arbitration are the 2 main types. When there is a dispute solved with the help of a mediator or third-person, then it is called as construction arbitration. On the other hand, when a dispute gets resolved inside a courtroom, then it is called as construction litigation. In the world of the construction industry, these 2 types of disputes are important to understand along with their differences.
- Cost – When it comes to the cost, construction arbitration is on the lesser side since there’s a mediator involved. However, the cost of the mediator is different depending on the years of experience. For construction litigation, the cost is high because of the involvement of a lawyer to take the case inside a courtroom.
- Evidence – In the construction litigation dispute, evidence is required to be shown to the judge for him or her to study the case carefully before passing a judgement. While for construction arbitration dispute, evidence is not required to be shown however, things can become messy due to the lack of evidence.
- Speed – If the dispute is small, then construction arbitration wins since there is no involvement of the law. While construction litigation disputes take time to be resolved.
- Appeals – Construction arbitration disputes do not need to file for any form of appeals while in construction litigation, the losing party has the right to appeal to the court.
Understanding the differences between these 2 is important. A great way to solve any form of conflicts in the construction industry is to hire the best lawyer from the best construction law firms.