In accordance to, Protection, (2012), sometimes one may have encountered an arbitration clause in the case of California Republic consumer loose against their credit cards contractors. The credit cards company in California has shown manipulation of private formalities in settling disputes with their customers. The question that arises is how comes 99% of the cases between the credit cards, and consumers are in justified for the credit cards companies? This study shows that arbitration process can be manipulated and not justified although sometimes considered.
The significant difference between the two means of passing justice is that for the arbitration is a private, between the two parties and informal while litigation is a formal process conducted in a public courtroom. In accessing the process, Gough, et.al,(2014), explains arbitration is relatively quick, and cost process is also small compared to the litigation process. But they miss some steps which are essential in determining the case. For instance in civil litigation, attorneys spend much time gathering, making a motion and presenting their cases, unlike the arbitration which their role is limited.
Also, litigation process although long and costly their rule seems to be fair because they are formally recognized, and rules of evidence are allowed unlike the limited process in arbitration. On the other hand, the court appoints judges which the parties have limited inputs into but for the arbitration, the process parties select arbitrator which at most cases they can be manipulated to rule on one side.
If arbitration fails and individuals chose to go to the courts, ADR technique is used. The method provides parties with an opportunity to try their case before the advisory panel, without having to face the final and possibly adverse decisions of a rational jury in civil court. Like minitrials, they give the