HOW TO SAVE TIME AND COST IN HEALTHCARE ARBITRATION: CAN IT REALLY BE LESS EXPENSIVE THAN LITIGATION? Katherine Benesch∗ Many people have questioned the premise that arbitration is preferable to and cheaper than litigation. Is this concern legitimate? Is this different in healthcare than in other types of arbitration cases? What does experience reveal? As stated by an experienced arbitrator: “Arbitration can cost just as much or as little as the parties wish it to cost.” (Sir Roland Burrows, KC, cited in CIArb Costs of International Arbitration Survey, 2011, Chartered institute of Arbitrators.) So, what factors raise the cost of arbitration? What can be done to control this rising tide? Can costs be controlled when one party wishes to raise the amount of money and/or time spent by the other as a litigation (arbitration) strategy?
I. FACTORS THAT LEAD TO RISING COST IN ARBITRATION There are at least six (6) factors that lead to the rising cost of arbitration in healthcare and other types of complex cases: