SDR vs Arbitration

  • Arbitration as practiced today is expensive and goes on for months or years.
  • Participants often find that arbitration does not produce the anticipated reduction in legal fees.
  • Why?  In part because arbitration has devolved into a legal proceeding with many of the formalities of a court case.
  • Participants pay for extensive and expansive services of the lawyers.  They incur large costs for document exchange and lawyers preparing lengthy legal briefs.  They pay to prepare fact witnesses and hire expert witnesses.
  • Moreover, arbitration can be subject to collateral attack and require expensive proceedings to enforce the arbitration decision.
  • Participants often wonder why they just didn’t go to court.
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