Arbitration

Indications for consideration:

  • The parties want to select their own decision maker
  • The parties are interested in crafting their own dispute resolution mechanism that may be more effective and faster than traditional litigation
  • The parties are not particularly concerned with preserving full appellate scrutiny of the decision of the arbitrator
  • The parties want to enter into a high-low agreement

  • The parties are interested in maintaining a level of confidentiality not available through the courts
  • The parties would prefer the decision of an arbitrator rather than a verdict obtained through a summary jury trial

Timing

Under the Revised Uniform Arbitration Act, parties can agree to engage in arbitration at any time during the litigation process.