Some General Considerations for Arbitration

April 6, 2023by Jeffrey Davis

Arbitration is a form of dispute resolution in which parties agree to have their case heard and decided by an impartial third-party arbitrator instead of going to court. If you’re considering arbitration, here are some key points to keep in mind:

  1. It’s important to carefully review the arbitration clause in any agreement you are entering into. This clause will typically outline the specific rules and procedures that will govern the arbitration process.
  2. Arbitration can be a faster and less expensive alternative to litigation, but it’s important to weigh the potential benefits against any limitations or disadvantages.
  3. The arbitrator’s decision is typically final and binding, meaning that there is limited recourse for appealing the decision if you are not satisfied with the outcome.
  4. The arbitrator may have expertise in the subject matter of the dispute, which can be beneficial in cases that involve complex technical or legal issues.
  5. The confidentiality of arbitration proceedings can be an advantage for parties who want to keep the details of their dispute private.
  6. It’s important to select a reputable arbitrator or arbitration institution to ensure a fair and impartial process.
  7. The parties have greater control over the arbitration process than they would in a court proceeding, including the ability to select the arbitrator and determine the location and timing of the hearings.
  8. Before agreeing to arbitration, it’s important to understand the potential costs involved, including the arbitrator’s fees and any administrative costs associated with the process.