Why Most Civil Cases Are Decided Through Arbitration

For a whole range of civil cases, arbitration is increasingly seen as the better option than litigation. There are many reasons for this choice. Arbitration is quicker and the costs are considerably less than a long-drawn-out court battle. A bench of experienced mediators and judges can help both parties decide on the rules of arbitration and to reach a settlement. Former federal judges also offer the option of appellate review.

A growing trend
For a wide range of civil cases, arbitration is a better choice than expensive and time-consuming litigation. It combines the benefits of litigation in federal courts with the advantages of arbitration, which include confidentiality, speed, lower cost and customization of rules. Rules can be based on the Federal Rules of Ciivl Procedure or FRCP, the Federal Rules of Evidnce or FRE and the Federal Rules of Appellate Procedure, and modified to suit both parties. Option appellate review and enforceability ensure that the process will meet standards of justice.
Because of all the advantages of litigation, just about 1% of all federal cases now go to the trial stage. The rest are determined through arbitration. This is in contrast to the situation in 1962, when 11.5% of all federal case were decided through court trials.

What do arbitration services provide?
Arbitration services offer the experience of federal judges and arbitrators as well as administrative services for a range of cases and motions. These can include patents, employment disputes, corporate investigations and dispute resolution. Experienced judges and arbitrators can also conduct mock trials to prepare clients for arbitration or litigation, and offer expert testimony on a range of cases.
One of the most important roles that arbitration services can offer is in public and private sector investigations. These can include issues like pollution and the environment. Air and water pollution are major concerns for most Americans. It is estimated that by the middle of the century, over a third of all counties in the contiguous United States will face shortages of water due to climate change. Air pollution causes thousands of deaths every year from respiratory and cardiac illnesses. Public interest litigation and discover can help to improve conditions for people and the environment.

Arbitration has emerged as a cost-effective and speedy alternative to litigation. With rules based on federal procedures and optional appellate review, it offers all the advantages of the judicial system.

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