- Dispute Resolution: On One Hand...
- June 23, 2004 | Author: Jerome T. Wolf
- Law Firm: SNR Denton - Kansas City Office
What should be my primary considerations in choosing arbitration over litigation for dispute resolution?
Arbitration has been singled out as faster, cheaper, more private and providing a more targeted expertise for dispute resolution. Arbitrators, unlike judges, can make decisions based on the law they believe should apply or even based on equitable considerations. These advantages clearly apply to small one-party claims that can be disposed of in a one- or two-day hearing. For more complex disputes, arbitration works best when parties have carefully drafted arbitration provisions that include specific instructions for selecting alternative dispute resolution providers and, in some situations, an appeals process.