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Arbitration Definition
Arbitration is the cost effective method of resolving/adjudicating disputes (especially commercial disputes) where you choose (with the consent of your adversary): (a) the judge (arbitrator) who will decide the dispute; (b) the procedure (including discovery, if any) to be followed in resolving the dispute; (c) the costs to be incurred (e.g. live or written testimony); (d) the time within which the dispute is to be finally resolved; and (e) the involvement, if any, of the public court system (e.g. appeal or no appeal).
In the face of skyrocketing legal costs and court delays; in the face of "bet the company" and opportunistic lawsuits; and in the face of "made as instructed" "expert" witnesses, trusting neutral experienced (in both the law and the relevant factual/expert/business area in dispute) deciders/ arbitrators (as opposed to lay jurors who too frequently "think" with their emotions) via the arbitration process has become progressively more rational. Hence, experienced, cost conscious litigators and general counsel are turning ever more frequently to the process which they themselves control and create: ARBITRATION.
Following are those individuals deemed by their peers to be best qualified to act as impartial neutral arbitrators (judges) in their respective practice areas and jurisdictions.
Thomas B. Rutter, J.D.
ADR Options
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