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.