Many lawyers are aware of and utilize an offer of judgment in litigation. As a tool to encourage settlement and as mechanism for shifting attorney fees onto an unsuccessful litigant, the offer of judgment is extremely useful. However, many are not aware of its potential application in the arbitration setting.
Whether a party can make an offer of judgment in arbitration varies by state. There is not an abundance of case law on the topic, perhaps because most arbitration awards are not published since only a few are challenged in court due to the limited grounds for vacating or modifying an arbitration award.
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