Originally from Dispute Resolution Journal

While limitations on discovery and the absence of pretrial motion practice help to make arbitration more economical and expeditious, the absence of dispositive motions is not always advantageous to the arbitration proceeding. If a dispute can be resolved by deciding a threshold issue, the authors maintain, the use of a motion to dismiss or for summary judgment can save the time an arbitrator might otherwise nee.d to hear evidence, while saving parties the expense of lengthy proceedmgs. This article, originally prepared for the ADR committee of the American College of Construction Lawyers, proposes the addition of a provision to the AAA's arbitration rules allowing for use of dispositive motions to decide specific issues prior to issuing an award or to resolve the dispute by any reasonable means. The ACCL is an invitation-only group of leading construction lawyers with a broad range of industry representation. Meeting in November, a key AAA construction mdustry group did not recommend that the provision be accepted.