Under which circumstance would arbitration be less advisable?

Arbitration can sometimes be less advisable when the parties involved wish to maintain their relationships. This is because arbitration tends to be more adversarial and can create a definitive winner and loser, which may strain or hurt ongoing personal or business relationships. Unlike mediation, which is more collaborative and focuses on finding a mutual resolution, arbitration does not emphasize the preservation of relationships since it leads to a binding decision by an arbitrator.

In situations where the issue is simple and straightforward, a quick and final resolution is desired, or there is a dispute over a legal violation, arbitration can be effective. These scenarios typically align with the strengths of arbitration, as it provides a structured process for resolving disputes without the complexities of court litigation, allowing for expediency and clarity in the resolution.