Clients and lawyers often believe that a court trial is the only way to resolve a dispute that cannot be settled. They proceed along the railway lines of litigation…an endless track of expense, delay, discovery disputes and eventually, at the end of the track, a formal and procedure-driven courtroom trial that itself is often delayed due to the unavailability of judges or courtrooms.
A court trial is expensive because it is often inefficient. The timetable is uncertain, witnesses cannot be scheduled in advance and voluminous paper files burden everyone. In complex matters, the court may have difficulties with unfamiliar issues. Finally, if a party with a meritorious case wins, there may be an appeal and the costs of such an appeal can allow economic pressures to force the winner into a compromise simply to end the expense and achieve finality.
Arbitration solves these problems.
The parties select their arbitrator and thus know at the outset that they have a decision maker suitable to their dispute, often highly experienced in the subject matter. They can meet immediately with their arbitrator and establish the law, rules and procedure applicable to their case. They will pick a convenient and certain trial date at a modern facility with the support services (technology, copying, communications and catering) that will allow an efficient and effective forum for an adversarial hearing. If there are discovery disputes they will immediately contact their arbitrator who will issue a timely decision so the case can move forward.
The arbitration hearing will proceed in a private conference room with parties being able to use computers and monitors to display their evidence. The hearing will proceed with certainty and efficiency because there is nothing to cause delay. Once the arbitration has concluded, a Decision will be issued in 30 days and it will be final. It will deal with all issues including the allocation of costs which will include the expense of the arbitration. No appeals are allowed on the merits of the case.
It is true that all of these advantages come at a price. However, the overall cost of an arbitration is generally far less than the cost of a court action and trial and the expense is mitigated by the fact that, initially, the expenses are shared equally among the parties. The cost of a Juris arbitration is explained on this website – please see the fees section and look at our panel of arbitrators.
