Healthcare: Arbitration
Arbitration is the use of another party to settle a dispute outside the courts. These disputes can be between employees or an employer and an employee that does not require court ruling to avoid any legal consequences (O’Sullivan et al., 2003). Arbitration is a quicker and safer way of resolving disputes as it assures one of no damages and casualties with the law. Although it is easily one of its pros, arbitration also has its cons when it comes to solving disputes, as will be discussed further in the paper.
On to the advantages of arbitration by (O’Sullivan et al., 2003), the process is quicker than the court process as the people in dispute get to meet with their arbitrator who listens to both sides and makes a decision. Arbitration also allows the parties to choose their tribunal, unlike in litigation, where one cannot determine the judge. Choosing their tribunal means that they get to choose one with expertise in the area of the conflict. Arbitrations are generally non-public; therefore, they are private and confidential to the parties involved, and it is also easier to enforce compared to court hearings.
On to the disadvantages, according to (O’Sullivan et al., 2003), arbitration has very limited avenues for appeal; therefore, a decision made cannot be easily changed by either party. Due to the presence of several arbitrators, long cases may be delayed over settling for hearing dates. Also, in some legal systems, arbitration awards have fewer enforcement options than judgments in many countries. Lastly, discovery in arbitrations may be more limited or entirely non-existent.
Arbitration might be the best approach in a scenario of car accidents with limited or no casualties to avoid the legal process. Dog bite cases can also use arbitration where the dog owner meets with the victim and discuss on the way forward without making a big deal out of it. Premises and product liability cases can also use arbitration as they might be minor cases that only need a small meeting to discuss the way forward.
In my opinion, I support the arbitration method of solving disputes as it is easy and does not use up much time, unlike court hearings. Its secrecy and privacy are also another reason why I support it because some disputes might not require the attention of the public as they might be embarrassing or even traumatizing.
In conclusion, arbitration is a way of solving disputes more naturally and quickly. Despite its disadvantages, arbitration, when handles with concern and expertise, can be used to solve even major cases, even within nations.
References
O’Sullivan, A. Et Al. (2003). Economics: Principles in Action. Upper Saddle River, New Jersey: Pearson Prentice Hall, pp. 324.