Noah J. Hanft and Lorraine D. Mandel
The utilization of Alternative Dispute Resolution (ADR) has grown exponentially in recent years, principally through the use of arbitration and mediation. The pandemic demonstrated that alternatives to litigation are extraordinarily effective in a virtual setting, and clogged court calendars highlight the time and cost benefits of employing alternative modes of resolution
No doubt arbitration will continue to grow as in-house and outside counsel experience its benefits. The pool of arbitrators continues to advance in expertise, sophistication, diversity, and case management skills. Arbitration’s flexibility and its resulting efficiency, contrasted with the inevitable protracted nature and expense of litigation, makes it an appealing alternative. And, unlike litigation, arbitration provides the parties the ability to choose who decides the outcome.
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