More and more, business and consumer clients are faced with arbitration. Arbitration is similar to trial in court except the parties agree on the appointment of one or more arbitrators to decide their disputes. The parties bear the expense of paying for their own attorneys, the arbitrators, a location for the arbitration, and other expenses related to the arbitration.
Approximately ten years ago, arbitration became very popular. It is now uncommon to see an advanced business agreement or consumer agreement without an arbitration provision. However, attorneys such as those at Brazil & Dunn who have handled numerous arbitration matters have learned that arbitration is rarely a good solution.
Often, arbitration takes longer than a judicial proceeding and always costs substantially more. Whenever possible, avoid signing an agreement that includes an arbitration provision. If you are required to do so or if you otherwise believe it to be a good idea, please feel free to call Brazil & Dunn for a free consultation.
On the other hand, if you are in the midst of a dispute and are subject to an arbitration agreement, you need attorneys who have experience with arbitration. In arbitration, typical trial skills are necessary. However, you will also need an attorney who can be mindful of the enormous expenses in such cases. Often, experienced litigation counsel can reach an agreement with opposing counsel to avoid arbitration and to adjudicate in another forum.
Arbitration is different than litigation. Before you move into arbitration to resolve your disputes, make sure you have retained attorneys with experience in that field.