Construction arbitration promises an expeditious and efficient method of dispute resolution. But arbitration conducted like a traditional trial does not deliver on that promise. The question is, from the parties’ point of view, how do you balance the goal of efficiency against the right of the parties to fully present their case?

 

The American Arbitration Association rules require arbitrators to strike this balance. However, better tools are need both to keep arbitration a distinct and more streamlined process from litigation and to provide ways for the parties’ due process rights to be satisfied. This chapter discusses two procedures we have used that facilitate the presentation of evidence and expedite the process. The first is for the attorneys to prepare summaries of the evidence (rather than witness statements), which can be supplemented by “witness panels,” if needed. The second is to have a joint examination of opposing experts.