December 19, 2024

Understanding Arbitration Arbitration is a form of alternative dispute resolution (ADR) that has gained significant traction over the years, particularly in the construction industry. Unlike traditional litigation, which involves going to court, arbitration allows parties to resolve their disputes privately and often more efficiently. The process involves a neutral third party, known as an arbitrator, who listens to both sides and makes a binding decision. Key Differences Between Arbitration and Civil Litigation in the Courts One of the primary distinctions between litigation in arbitration and litigation in the courts is the setting. Arbitration is typically conducted in a private setting, which can be more conducive to open communication and quicker determinations. In contrast, litigation in the courts is a public process that takes place in courtrooms and often involves extremely detailed and lengthy procedures. Court litigation can take substantially longer to get to an end result, requiring each of the parties to jump through more hoops in the process, driving up the attorney’s fees incurred by all involved. Another notable difference is the flexibility of arbitration. Parties involved in arbitration can choose their arbitrator, set their schedules, and define the framework that will govern the proceedings. This level of control

When faced with a legal dispute in the construction industry, choosing the right arbitrator is one of your most critical decisions. Arbitration has become a favored method for resolving disputes due to its efficiency and flexibility, particularly in construction matters where timelines and relationships are often at stake. However, not all arbitrators are created equal, and the outcome of your dispute can largely depend on selecting the right one. In this blog, we’ll explore the essential criteria for choosing an arbitrator. We will focus on key qualities to look for, the importance of experience and expertise, and practical tips for vetting potential arbitrators. Additionally, we will discuss what makes an arbitrator particularly well suited for construction disputes, especially in California’s highly regulated and complex construction industry. Key Qualities to Look for When Selecting an Arbitrator The role of an arbitrator is to provide impartial and informed decisions on the matters in dispute. Unlike judges, who may not always have specialized knowledge of certain industries, arbitrators are often chosen for their expertise in the relevant field. Here are some of the most important qualities to consider when choosing an arbitrator: Impartiality: The arbitrator should be neutral with no vested interest in