Privacy – Arbitration proceedings are generally private. Arbitration proceedings are closed to the public and decisions rendered by the arbitrator are released only to the parties involved in the dispute or as agreed to by the parties.
Choice of Decision Maker – In general, the parties involved in arbitration have significant say in choosing the person or persons who will serve as the arbitrator or arbitration panel. We at IDR know that the arbitrator(s) need not be lawyers or judges. An arbitrator can also be a technical or subject matter expert certified as an arbitrator. Using a subject matter expert, who is also a certified arbitrator, brings a decision maker to the arbitration proceeding who understands the fundamental background of the subject area in which the dispute occurred. This reduces the time to “educate” the arbitrator(s) and allows them to focus on the essence of the dispute and its resolution.
Neutral Forum – Arbitration offers a neutral site to resolve the dispute.
Flexible Rules – The parties and the arbitrator may choose to modify the “basic” rules and procedures to allow them to best achieve a fair and efficient resolution of the dispute.
Reduced Costs and Time to Decision – The arbitration process is typically less costly in time and money than litigation.
Business-like but More Relaxed Atmosphere – Arbitration proceedings typically take place in a private conference room, around a table. Rules of evidence and procedure are relaxed. This gives the arbitration process a more relaxed business-like atmosphere than contentious litigation.
Finality and Enforcement – The ability to appeal a binding arbitration decision is very limited – i.e. the award is typically assumed valid by the courts and the challenging party must show why the award should be modified or overturned. Generally, arbitration awards can be as readily enforceable as decisions from judges and juries.
