Essentials For Success In Arbitration


Law360, New York (June 9, 2011) -- The objective of this article is to provide simple suggestions to avoid common pitfalls when presenting cases in arbitration.

Should I arbitrate this case?

Is the case suitable for arbitration? A high damage potential accompanied by a plaintiff who does not present well is often better suited for arbitration. Similarly, the passions and prejudices that could be evoked against a corporate defendant in trial will often be ameliorated through the analytical eye of an arbitrator. Cases with highly technical issues are often best presented to an arbitrator.

Consideration should be given to arbitration versus mediation. Where the risk and exposure ranges are high, extreme risk can be avoided and the ultimate loss eliminated through the use of mediation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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