As a former trial lawyer, I know well the unpopularity of arbitration among litigators. The list of reasons rolls easily off the tongue of any experienced trial lawyer:
1. The arbitrator does not have to follow the law;
2. There is no right to appeal;
3. There is the absence of case determinative motions;
4. Discovery is limited or not available;
5. Arbitration is as expensive as litigation;
6. The rules of evidence do not apply; and
7. The belief that arbitrators are prone to “split the baby.”...
Originally published in Law.com on January 17, 2014
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