Arbitration vs. Litigation: Which is better for real estate in Michigan and Ohio?

Описание: In the legal landscapes of Michigan and Ohio, the "Forum Selection" clause in your contract determines how your future battles will be fought. Arbitration is a private, contractual agreement to resolve disputes outside the court system. Under Michigan’s Uniform Arbitration Act (MCL 691.1681) and Ohio’s ORC 2711, if you sign an arbitration agreement, the courts will generally refuse to hear your case, forcing you into a private hearing.

In this video, a Michigan and Ohio attorney explains the pros and cons of each path. We break down the "Speed vs. Safeguards" reality:

Arbitration: Often resolved in months rather than years. It’s private, meaning your financial disputes aren't a matter of public record. However, you must pay the arbitrator’s hourly fee, and the decision is usually final. You’ll learn why the "No Appeal" rule is the biggest risk—if an arbitrator makes a legal mistake, you are likely stuck with it.

Court Litigation: The "default" path. It is public and governed by strict rules of evidence. While it is often slower and more expensive due to extensive discovery (depositions and document exchanges), it provides the critical safety net of the Appellate Court. If a trial judge gets the law wrong, you have a legal right to ask a higher court to fix it.

Whether you are a developer, a home buyer, or a landlord, understanding the "Arbitration Trap" is the only way to ensure you don't sign away your constitutional right to a jury trial without a clear strategy.

✅ In this video, a Michigan and Ohio attorney explains binding awards, the cost of private judges, and how to preserve your right to appeal.

Disclaimer: This video is for educational purposes only and does not create an attorney-client relationship.

Among legal topics covered in this video:

Binding Arbitration: Why signing this clause removes your case from the public court system in Michigan and Ohio.

Privacy vs. Publicity: Keeping your real estate disputes out of the public eye through private proceedings.

The Cost Factor: Comparing "free" taxpayer-funded judges to private arbitrators who charge $300–$600+ per hour.

Finality and Appeals: Why arbitration awards are almost impossible to overturn, unlike trial court verdicts.

Expertise: The ability to choose an arbitrator who is a specialist in real estate law rather than a "generalist" judge.

Rules of Evidence: Why arbitration is less formal and often ignores the strict technicalities required in a courtroom.

Michigan & Ohio attorney David Soble and the Soble Law team are dedicated to the success of their clients in the areas of real estate, contracts, and financial disputes. As part of our commitment, we actively write, publish, and create books, articles, podcasts, slide presentations, and newsletters—all designed to simplify complicated legal concepts related to real estate and finance.

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