Guarantee arbitration is each cost-effective and fast | Litigation day by day

Deborah Hylton, left, and Ret. Judge Shira Scheindlin, right. Courtesy of photos

This article is based on a panel discussion titled “Cost, Speed, Effectiveness, and Enforceability” sponsored by the Chartered Institute of Arbitrators on March 22, 2021. The panel was led by Dr. Katherine Simpson moderated and the panelists were judges Shira A. Scheindlin (ret.), Deborah Hylton and Carmen Martinez-Mendoza.

Arbitration is said to be faster and cheaper than litigation, and many lawyers and clients agree to arbitration clauses who believe in this premise. Unfortunately, this is not always the case. Why is arbitration sometimes slower and more expensive than it should be? We believe the answer, in large part, is for attorneys to insist on mimicking their litigation experience, even though the arbitration is supposed to be different. The arbitration rules are very different from federal and state civil procedural rules and provide flexibility for the parties and attorney to work with the arbitrator to design a process that is appropriate for each proceeding. Arbitration proceedings should reflect the fact that they are not subject to the rules and procedures that govern the formality of legal proceedings.