While arbitration may serve a number of goals, its main purpose is to provide a speedy and efficient means of dispute resolution. Whether prehearing motions, in particular motions for summary disposition, advance that purpose without sacrificing the integrity, reliability and fairness of the process has been the subject of debate among alternative dispute resolution practitioners. On one hand, prehearing motions can be used to resolve non-meritorious claims without the need for costly discovery or a full evidentiary hearing. Even if a motion does not dispose of the dispute entirely, by ruling on specific claims or issues prehearing, arbitrators can narrow the focus of the dispute, likewise promoting efficiency. On the other hand, prehearing motions used for tactical purposes add cost and inefficiency to the process.
This article examines the use of prehearing motions in arbitration. It will address the authority of arbitrators to grant substantive relief prior to an evidentiary hearing. It also will explain why the arbitration process would benefit from more frequent use of summary disposition.
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