Page 32 - Expert Witness

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Arbitration

Arbitration is an ADR process in which parties to a dispute submit their case to one or more impartial
persons, or arbitrators, for a final and binding decision. The arbitrators conduct hearings in which they
receive evidence, including oral testimony. The arbitrators’ decision, or award, is binding on the parties
and enforceable by law.

There are a number of benefits to using the ADR process of arbitration, including the following:

 Control. In arbitration, the parties mutually select the arbitrators and can limit the issues to be re-
solved by the arbitrators.

 Speed. Unlike litigation, there is no docket for arbitration. Thus, the speed to which an arbitra-
tion matter can be resolved is limited only by the willingness of the parties to resolve their dis-
pute. Additionally, because arbitration decisions are final and binding, there is no delay resulting
from appeals.

 Cost. Parties that choose arbitration tend to save money on legal fees and staff time.

 Confidentiality. Unlike litigation, arbitration hearings and awards are generally kept private and
confidential.

The arbitration process has several phases and activities. The practitioner can provide a number of dif-
ferent services and contribute significant value to this process as an expert witness or consultant. A brief
description of the phases or activities involved in arbitration and ways the practitioner can provide valu-
able services are included in the following chart.

Phase Phase or Activity Description Practitioner’s Potential Services
Dispute A dispute is the subject of the potential or pend-
ing arbitration.  Dispute development and preparation

 Fact finding

 Investigation

Pre-agreement to Arbitrate Prior to filing a formal agreement to arbitrate,
the parties will gather information related to the  Assist in preparing the agreement to ar-
dispute. bitrate

 Case assessment

 Case budgeting

 Fact finding

 Third party corroboration

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