Solving dispute
resolution the best way | The consulting engineers at ARAÚJO LIMA are not alone when they point to Arbitration as the best alternative to solve pending contract issues. The great majority of lawyers and judges also have the same opinion, in part because of the huge backlog in the court system.  As the Associate Justice Carlos Augusto Caldas used to say, “one who has good judgment, doesn’t go to court for a judgment.”. Examine the advantages of counting on an arbitrator or competent arbitration court in comparison with court action: - Speed: In the court system it is common for a case to drag on for years and years without solution, even because of the use of innumerable dilatory appeals. The Arbitration Act anticipates a maximum of six (6) months, with extension only possible by mutual agreement of the parties.
- Costs: the longer the solution, the more unpredictable the total costs of the case.
- Simplicity: formal, judicial ritual is not necessary in arbitration.
- Choice of arbitrator – quality decision – coherence: because the arbitrator is chosen by the parties, which is different from the judge in a court case, it is certain that he or she will be fully qualified to pass judgment over an issue in dispute
- Discretion: to the contrary of a court case where it is mandatory to publish decisions for all to see, in arbitration, the process takes place in confidence, only to the knowledge of the parties involved.
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