Mediation and Arbitration

11 April 2008

Mandatory arbitration

Arbitration has long been a feature of certain types of litigation.  I’ve seen mandatory arbitration clauses most extensively utilized in securities (client/broker), construction, employment, and general commercial disputes.  In my personal experience – which is shared by many attorneys on both sides of the bar – the oft-touted cost and time saving advantages of arbitration are highly overrated.  Filing and arbitrator fees can run into six figures in some cases, especially when a panel consists of three arbitrators. And that is apart from the attorney fees and expenses. In some cases, the expenses of arbitration prevent a plaintiff from pursuing […]