More on arbitration:

Arbitration

  • Click here if you are new to arbitration, and want to find out some basic facts.
  • There is no congested court docket that has to be cleared before a case can be heard.
  • Judges tend to dislike employment cases, and that dislike may serve both sides poorly.  Arbitrators choose to handle the type of cases you have, so they do not look for ways to put your case at the back of the line.
  • Arbitrators do not handle criminal cases, so they are not hampered by Speedy Trial Act requirements to put criminal cases at the head of the docket.
  • There is no jury, so hearings tend to take fewer days and be much more to the point. Less fluff = savings in time and money.
  • Awards are given within 30 days after the end of the post-hearing briefing.
  • There are very few grounds of appeal, so if the arbitrator knows what he or she is doing, the case is essentially over when the final award is made.
  • The confidentiality of arbitration is both a short-term blessing to the parties and a curse to perceptions of arbitration. Click here to see about this paradox.
  • Click here if you want to know more about building effective arbitration agreements.
  • Click here if you are interested in whether to use an arbitration service provider like the American Arbitration Association.
  • Click here if you are interested in the choice of the rules to govern the arbitration.
  • Click here if you are interested in arbitrators’ duties to make initial and supplemental disclosures, to ensure their neutrality.
  • Click here if you would like to see some of my publications indicating whether I might know what I am doing, including my comparison of the December 2015 changes in Federal discovery rules to standard arbitration practices.