The ability to select the ultimate decision-maker is one of the key advantages of arbitration. Unlike trial, where the decision-maker is an assigned judge or an unknown jury, in arbitration the parties get to choose the arbitrator. Hence, a great deal of time, effort and thought should go into the arbitrator selection process. This article discusses that process, as well as how to use an arbitration simulation to predict how the arbitrator may rule.
Reprinted with permission from the July edition of the “Texas Lawyer” © “2016” ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or firstname.lastname@example.org.