In contrast, arbitration hearings are always scheduled with a view toward the convenience of the participants. Courts have substantial backlogs. Cases may take as long as one or two years to come to trial, and appeals by extend the dispute even longer. In contrast, most arbitration hearings take place and are concluded within six months after they are invoked. Arbitration can be conducted in private, and arbitration records can be kept private.
Litigation is open to the public and documents, unless sealed by the court, become public documents.
In court, preliminary matters may be handled by several different judges, or by a magistrate. Arbitration usually involves a single arbitrator, and the arbitration agreement can set forth minimum qualifications for the arbitrator. Or, if the parties prefer, they may choose to use several arbitrators. One common arrangement is for each party to the dispute to select an arbitrator and for the two arbitrators so selected to select a third arbitrator. Some judges and some arbitrators get actively involved in settlement negotiations.