To embed, copy and paste the code into your website or blog:
Arbitrations have been on the rise for several years, in part because of the convenience it affords the parties and the introduction of arbitration clauses into the language of almost every contract. The pandemic has sent the use of this mode of dispute resolution into overdrive, in large part because of its speed and relatively easy transition to a virtual setting. While arbitrations were already popular pre-pandemic, we expect the increased attraction of “work from home” arbitrations to continue.
We often hear from clients with arbitrations that preparing for them is easier than preparing for a jury trial. In addition to the convenience factor, the expectation is that arbitrators can often be more reliable and more analytical decision makers than juries and possibly even judges. However, a growing body of research shows that – surprise, surprise – arbitrators are human, too. We have learned from three areas of research, described below, that there are many similarities in how arbitrators, judges and jurors make decisions. What does this mean for counsel preparing for an arbitration? It means preparing for an arbitration should not look all that different from preparing for a jury or bench trial.