An Introduction to Arbitration
Bench & Bar (Kentucky), March 2006
3 Pages Posted: 13 Mar 2006
This is a short essay introducing the reader to arbitration. Designed for general practitioners and non-lawyers, the essay includes sections on:
The advantages of arbitration over litigation: speed, cost, and informality.
Concerns about arbitration, especially arbitration agreements drafted by a party with overwhelming bargaining power and imposed upon a much weaker party (such as an employee or consumer).
The controlling law (Federal Arbitration Act and state arbitration acts).
The process of choosing an arbitrator, including rules requiring prospective arbitrators to disclose certain information.
Tips for the advocate, such as preparing the case for a professional arbitrator rather than a lay jury, the function of evidentiary objections, and arbitrator determinations of credibility.
Keywords: arbitration, arbitrate, introduction, tips
JEL Classification: J52, K41
Suggested Citation: Suggested Citation