Arbitration is the process of resolving a dispute by an arbitrator appointed by the disputants. The arbitrator hears the evidence brought by both sides and makes a decision, which is usually binding on the parties. Arbitration is “a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges” (Hill and Hill, 2019).
Litigation, according to the Harvard Law School Program on Negotiation “civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury” (Harvard Law School, 2019). In litigation, the court hears all parties of the case and make their decision based on the law and parties evidence submitted before the Court.