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What cases are amenable to resolution by arbitration?

Question and Answer

What cases are amenable to resolution by arbitration?

Arbitration has been found to be particularly effective in resolving cases having the following characteristics:

  • the parties require an independent decision to resolve the dispute;
  • the parties have full information, but seek the opinion of a third party respecting the extent of damages, or the credibility of witness;
  • the parties are committed to “litigating” and are not open to negotiation;
  • the parties have no relationship beyond a single incident and the disputed issues involve only the amount of money damages; or
  • the amount at stake is relatively small and a quick third-party decision is of primary importance, e.g., simple book account cases.