Litigation vs. Arbitration: Use Cases, Differences & Benefits

What Is Litigation?

Litigation is the traditional method of resolving legal disputes through the court system. It’s what most people picture when they think of court cases: judges, lawyers, and sometimes juries. The litigation process follows strict rules and results in court judgments that are legally binding.

A few key points about litigation:

• It takes place within the court system under established laws and procedures.
• The goal is to resolve legal disputes through a final decision, usually in the form of a court judgment.
• Traditional litigation is often public, which means filings and hearings are generally part of the public record.
• Cases can range from small civil matters to large, complex disputes.

Litigation can take time, sometimes months or even years, depending on the complexity of the case. While the process may feel slow, it provides structure and the chance for appeals. For many individuals and businesses, it remains the standard path for resolving legal disputes.

Since litigation is document-heavy, having the right support matters. Briefpoint helps legal teams draft discovery documents quickly and with consistent quality. 

Book a demo today to see how Briefpoint can cut hours of drafting into just minutes.

What Is Arbitration?

Arbitration is a private method of resolving disputes that takes place outside the court system.

Unlike court cases, the arbitration process is less formal and typically faster. The parties involved agree (often through arbitration clauses in contracts or a separate arbitration agreement) to let a neutral third party decide the outcome.

Here’s what you need to remember about this alternative dispute resolution method:

• Unlike litigation, arbitration proceedings are usually private and not part of the public record.
• The neutral third party, known as an arbitrator (or a panel of arbitrators), listens to both sides and makes a binding decision.
• The arbitration process is more flexible than traditional litigation, with fewer rules and shorter timelines.
• Appeals are very limited, so the arbitrator’s ruling is often the final word.

Arbitration is common in business contracts, employment agreements, and commercial disputes where both sides prefer a private, quicker resolution. Essentially, it offers a practical alternative to lengthy court battles.

Key Differences Between Litigation and Arbitration

Litigation and arbitration both aim to settle disputes, but they go about it in very different ways. Let’s see the key differences between arbitration and litigation to see which option might fit a particular situation better.

Main Purpose

When you’re caught up in a dispute, the first question is usually: where will this get resolved? That’s where the purpose of each process really stands out.

With litigation, the goal is to settle legal issues through formal court proceedings. Everything follows strict court rules and civil procedure, ending in a court judgment. These judgments can even set legal precedent, meaning they influence how similar cases are handled down the road.

If you want your case to be part of the public record and have the option to appeal, litigation is the path.

Arbitration, on the other hand, is built around speed and privacy. Arbitration offers a way to sidestep drawn-out court battles. 

The parties agree to have a neutral third party hear both sides and issue an arbitration award. That award is binding, and unlike court rulings, appeals are extremely limited.

To put it simply:

• Litigation aims for a structured, public decision that can influence future cases.
• Arbitration aims for a quicker, private resolution where the decision is final.

Think of it as choosing between the formality of the courtroom and the flexibility of a private decision-maker.

People Involved

Another big difference between litigation and arbitration is who actually takes part in the decision-making process. The people involved shape how each method works and how the outcome is reached.

In litigation, you’ll often see:

• Judge: Oversees the case and makes rulings based on the law.
• Jury: In some court cases, a jury decides the facts and outcome.
• Attorneys: Represent each side and argue their positions.
• Clerks and court staff: Handle filings, scheduling, and records.
• Witnesses:  Provide testimony to support either party.

In arbitration, the group is usually smaller:

• Arbitrator (or panel): Acts as the neutral party and makes arbitration decisions.
• Parties involved: Present their evidence and arguments.
• Attorneys: May be present to guide each side, but the setting is less formal.

Because arbitration involves fewer people, the decision-making process tends to be quicker and more focused compared to traditional litigation.

Process

The way each method unfolds is another key difference. Litigation follows a strict path through the courts, while arbitration is more flexible but still guided by agreements and procedures. Let’s look at how each process works in practice.

The Litigation Process

Litigation can be complex, and the way it plays out often depends on the type of case, the issues raised, and the court handling it. But in general, here’s how the process usually unfolds.

• Filing the case: The process starts when one party files a complaint in court. This outlines the legal issues involved and sets the stage for the case.
• Pre-trial procedures: Legal discovery, motions, and hearings take place under strict procedural rules. Each side exchanges evidence, and judges may rule on preliminary matters.
• Court schedules: Dates are set by the court, which often leads to lengthy proceedings. Delays are common, especially in busy jurisdictions.
• Trial: Both sides present arguments and evidence before a judge, and sometimes a jury. The court decides the outcome using established legal principles.
• Appeals: After a judgment, the losing party can appeal to a higher court. Appeals extend the case but allow further review of the decision.

Litigation provides structure and the chance for appeals, but it can be slow and costly, especially if the matter drags through multiple levels of the court system. For this reason and others, many law firms use litigation support software to make the workload lighter.

The Arbitration Process

Same with litigation, the arbitration process can vary based on the agreement and the nature of the dispute. But in general, here’s what it looks like.

• Arbitration agreement: Disputes usually go to arbitration because of an agreement or an arbitration clause in a contract. This commits both parties to resolve issues outside the court system.
• Selection of arbitrator: The parties choose a neutral third party, or sometimes a panel, who has expertise in the area. This can make the process better suited to specialized disputes.
• Arbitration hearing: Both sides present their arguments and evidence. While it resembles a trial, the setting is less formal, with fewer procedural barriers.
• Arbitration decisions: The arbitrator issues a final ruling, called an award. These awards are binding in most cases and can be enforced through the courts if needed.
• Limited appeals: Unlike litigation, appeals are rare and only possible under specific conditions, such as proof of bias or misconduct by the arbitrator.

Because arbitration avoids court schedules, it usually wraps up much faster than litigation. That speed, plus the privacy of the process, makes it attractive to businesses and individuals who want quicker dispute resolution without the public nature of court trials.

Key Benefits

Both litigation and arbitration serve the same goal of resolving disputes, but the advantages of each process look different.

Some of these benefits overlap with points we’ve already touched on, but here they’re laid out more clearly so you can see what each option offers.

Benefits of Litigation

• Court enforcement: Court judgments carry the full weight of the law. Once a judge rules, that decision is backed by the state, and parties must comply.
• Appeal options: If one side believes a legal error affected the outcome, there’s usually an option to appeal. This layer of review is built into the legal process and provides extra protection.
• Legal precedent: Decisions made under established rules can set guidance for future cases, offering predictability in how similar disputes may be resolved.
• Transparency: Proceedings and outcomes are public. This openness creates accountability but can also expose sensitive details.
• Cost structure: While litigation can mean higher court fees and legal fees, the public system doesn’t require paying one or more arbitrators directly.

Benefits of Arbitration

• Privacy: Arbitration proceedings are not part of the public record, which helps parties avoid negative publicity.
• Speed: With streamlined procedures and fewer formalities, arbitration often wraps up faster than court trials. Limited discovery also helps reduce delays.
• Expertise: Parties can select one or more arbitrators who have direct experience in the field, making the arbitrator’s decision more informed on technical issues.
• Finality: Arbitration decisions are binding, and since appeals are very limited, the dispute ends sooner without dragging through higher courts.
• Cost flexibility: While arbitrator fees are an added expense, arbitration can lower overall legal costs by avoiding lengthy court schedules and prolonged discovery.
• More control: Parties often have greater say over timelines, location, and even some of the procedures. This can make the process more manageable compared to traditional litigation.

Enforceability

Enforceability is one of the most important factors to think about. As mentioned, court decisions in litigation carry the authority of the state.

When a judge issues a ruling or a summary judgment, the outcome is binding and can be enforced through the court system. This gives parties confidence that the decision will be carried out, though it can take additional time if appeals are filed.

Arbitration works a little differently. The arbitrator’s decision, also called an award, is usually final and binding, but appeals are only possible under specific circumstances, such as misconduct or bias by the arbitrator.

For many, this finality is one reason they prefer arbitration. It avoids drawn-out appeals and brings closure more quickly. However, enforcement sometimes requires taking the award to court to have it recognized, especially in cross-border disputes.

In short, litigation offers the weight of the legal system and broader options for challenging a decision, while arbitration provides faster closure with fewer opportunities to contest the result.

Common Use Cases

Litigation is often chosen for complex legal matters that require a formal record and the ability to appeal. Courts are also the natural venue for cases where public accountability is important. Examples include:

• Intellectual property cases: Patents, copyrights, and trademarks often involve high stakes and detailed arguments that benefit from a structured court setting.
• Large contract disputes: When millions of dollars are on the line, parties may prefer the formal protections and court decisions that litigation provides.

Arbitration, on the other hand, is typically private and is used where speed and confidentiality are priorities. Common examples include:

• Business disputes: Companies often rely on arbitration to settle disagreements without the delays of court.
• Consumer agreements: Many service providers include arbitration clauses so customer disputes can be resolved outside the courtroom.
• International agreements: Arbitration is popular for cross-border contracts since it avoids navigating multiple national court systems.

Litigation often fits when public rulings and appeals matter, while arbitration is more common in contracts and industries where privacy and legal efficiency are valued.

Litigation or Arbitration? Briefpoint Can Help With Both

Litigation and arbitration may take very different paths, but they share one thing: both depend heavily on solid document preparation. 

Whether it’s pleadings filed in court or evidence presented in an arbitration hearing, the quality of the paperwork can make or break the outcome.

Which brings us to a tool built to handle discovery for you. Briefpoint drafts your discovery documents automatically, so you don’t waste hours formatting, editing, or double-checking details. You can:

• Upload a complaint and get up to 70 targeted requests, including interrogatories, requests for admission, and requests for production, in just minutes.
• Rely on objection-aware generation, with phrasing rewritten to avoid ambiguity, compound questions, or overbroad requests.
• Get discovery documents that are jurisdiction-ready for all U.S. states and federal districts, complete with captions, definitions, and instructions.
• Keep your standards consistent across cases, regenerate variants, and export to Word whenever you need.

It doesn’t stop at propounding discovery; Briefpoint also helps you respond to discovery. Upload discovery requests, add objections and responses with AI-assisted suggestions, and export a finished brief that’s ready to serve.

If you’re dealing with litigation or arbitration, document prep doesn’t need to slow you down. Book a demo with Briefpoint today!