Arbitration is analogous to a trial but does offer certain advantages.  An arbitrator — or a panel of 3 arbitrators — will hear a case just like a judge and/or jury.  This is about where the similarities end  Unlike a trial, arbitration:

  • Outcomes can be binding or non-binding, depending on the preference of the parties
  • Is confidential and is not in the public recordArbitration.
  • Allows you to choose decision makers who have specific knowledge of the subject matter, such as technical or construction, as opposed to a judge and/or jurors who most likely do not
  • Uses relaxed rules of evidence to lower discovery costs
  • Scheduling is not at the whim and constraints of a court
  • Does not present the same delays (and costs of paying for experts and attorneys to wait) and thus gives a quicker resolution
  • Awards which are binding can not be appealed in court (except on very narrow grounds)

Within arbitration, there are numerous options for the parties to employ, such as:

  • High-low arbitration, where the parties can limit the award both on the upside and downside
  • Last best offer arbitration (also called baseball arbitration), where the arbitrator is forced to choose between the last offer each party made — which encourages parties to make reasonable last offers lest they potentially lose big
  • Incentive arbitration, which is non-binding, but penalizes the party (usually with attorneys fees) who rejects the arbitration award if a later ruling does not improve their situation by some pre-specified percentage or amount

Contact the Deal Mediators to Find Out How We Can Help

Why The Deal Mediators?

  • Experienced mediators, negotiators, arbitrators and conflict coaches
  • Spent many years in the real business world
  • Technical backgrounds to understand your dispute and "speak your language"
  • Understanding of the law
  • Proven results

Why Mediation?

  • Confidential
  • Seeks win-win outcome
  • Less expensive
  • Maintain or repair relationships
  • Quicker resolutions
  • Higher user satisfaction