ADR: Choosing arbitration and the right arbitrator
Now that the courts have reopened after months of closures, we are beginning to see that the backlogs for all types of cases have increased exponentially. This is because most courts had backlogs prior to the slow-downs, remote work and shut downs of the past year, and those work stoppages only increased those backlogs, even on “routine” cases. This is why many people are looking to alternative dispute resolution models, and this is why so many are looking at arbitration and the right arbitrator. What is arbitration? In essence, arbitration is a courtroom alternative where a dispute is resolved privately, but the litigants still try their case before a neutral arbitrator who acts as the judge. This is often much faster and more cost-effective than traditional court litigation. And, during these times of extremely long court delays, arbitration has become the gold standard, while keeping all the traditional hallmarks of civil litigation. How to choose the right arbitrator? Unfortunately, many arbitrators have lost sight of why people choose arbitration. They have allowed their “court rooms” to devolve into the same litigation nightmare that litigants are trying to avoid. This is why when litigants are looking for the right arbitrator, they