Editor’s note: This article describes a hypothetical situation.
Bob gave a continuing legal education presentation last month. Topic: “How to Succeed in Arbitration.” His introduction: Arbitration resolves disputes quickly, efficiently and economically. Except when it does not. How do we ensure arbitration does what it is supposed to do? The answer is obvious: avoid arbitration when you know the other side will play delay games. Litigation is the only way to deal with these shenanigans. How do you know when the other side will put up obstacles? Prescience.
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