Not only is a toll inflicted upon the parties to the dispute, but unwilling third parties as well - such as children in divorce situations. The alternative to this kind of litigation is not always successful. It requires that the adversaries have the willingness to settle their dispute amicably. They also must be capable of entering into a willing, mutual resolution, the outcome of which is not affected or controlled by any impairment. Alternatives to litigation are not necessarily new or innovative, but have become more structured, defined and used especially as litigation has become so expensive.
Arbitration is one alternative to litigation in our courts.
The process is governed by rules, but far less formal and complex than those involving our courts. The process is also shorter and far less expensive than the litigation process. Any party who disagrees with the decision of the arbitrator can usually resort to litigation in the courts provided that he or she have the cognizable cause of action to attack the decision. Arbitration is by agreement between the parties. It can be non-binding, which means either party unsatisfied with its result is free to pursue litigation, or it can be binding, which means that only with good cause can the dissatisfied party seek redress in the court.