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.