Don’t Let Arbitration Become Litigation


As one commentator argues in his excellent article Get Back – Return Arbitration to its ADR Roots, arbitration in the United States is increasingly akin to formal litigation. When this happens, arbitration loses its value in the ADR arena because it becomes so litigious.

Yet all is not lost: as the commentator suggests, there are workable ways to restore arbitration as a functioning ADR tool—one that is distinct from the litigation process.

Here are a few practice tips:

  • Select an arbitrator who understands the law and industry relating to the dispute, as well as arbitration management principles
  • Limit the number and page length of submissions
  • Consider severely limiting (or even prohibiting discovery)
  • Set an early hearing date

Management of expert testimony is also critically important. When these tools are employed, arbitration works as intended and resolves disputes more effectively and efficiently than litigation.

Pacific ADR’s experienced, dedicated neutrals stand ready to assist in the resolution of your dispute. Please contact us at (206) 624-3388 or visit our website.

Leave a Reply

Your email address will not be published. Required fields are marked *