Arbitration is different from litigation in many respects. First, there is no judge in arbitration; rather, the parties select an arbitrator or a panel of arbitrators to resolve disputes. Second, arbitration is usually more flexible than litigation; it is designed to accommodate the specific needs of parties to disputes. For these reasons and to save money, many parties choose arbitration over litigation. But for arbitration to translate into lower legal fees, the parties need to cooperate to reduce the scope of discovery and motion practice. Litigators who are accustomed to navigating courtrooms can overlook the emphasis on cooperation in arbitration.
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