Arbitration is an obvious solution to our overburdened and backlogged court systems. Arbitration is meant to resolve disputes efficiently and economically. This, however, does not always occur when advocates employ the same tools and methods that are used in court proceedings. This article provides tips for both advocates and arbitrators on how to avoid litigating an arbitration case by effectively managing the time and cost of your case during each critical phase of the arbitration process, from selecting the arbitrator to the award. These tips have been suggested to the American Arbitration Association (AAA) by various clients and arbitrators nationwide.
Arbitrator Selection
When drafting an arbitration clause or submitting to an arbitration, an initial threshold question is whether one or three arbitrators will be used. In the interest of streamlining the process and reducing costs, one arbitrator might be the better option. The parties must also consider the key necessary experiences of the arbitrator and whether or not they want to use an attorney, former judge or industry expert. It should be assessed whether an attorney or former judge arbitrator will bring a different approach to the process. It is also important to note that arbitrator per diems, cancellation fees, travel expenses and study-time rates vary significantly. Thus, all arbitrator fees must be carefully considered when selecting an arbitrator. Doing your homework and research on your arbitrator is important and will help you both assess projected costs and allow for you to determine if your arbitrator will manage the process like litigation or arbitration. In specific areas such as labor and employment arbitration, you can review past decisions of arbitrators that are published in a redacted form and available through LexisNexis and Westlaw.
Preliminary Hearing
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