Caldwell & Kearns, P.C.
877-490-6665 717-743-1682

Protecting clients in the most complex legal disputes

Using alternative dispute resolution to resolve commercial disputes, P.2

Previously, we began looking at the use of mediation to resolve commercial disputes, and some of the benefits this process may present for businesses. These benefits include cost savings, greater control over the process, and privacy. An alternative to the use of mediation is arbitration.

Arbitration has many of the same benefits for resolving commercial disputes as mediation. More control and flexibility, cost savings, and confidentiality are all important factors to consider. According to the ABA, parties are typically also able to resolve disputes much more quickly with arbitration than litigation. Time is money, and this results in extra cost savings. 

One aspect of the control parties exercise over arbitration is that they are able to select the arbitrator who hears their case. This allows parties to pick a mediator who is well-suited to make a decision in their case. One important factor to consider when selecting an arbitrator is expertise over the subject matter of the arbitration. Familiarity with the issues in dispute gives the arbitrator additional insight into matter. In commercial disputes, selecting an arbitrator who has knowledge of commercial transactions can be particularly helpful.

In arbitration, as in mediation, neutrality is an important aspect of the process, and it is important to select an arbitrator who will remain neutral. One way to ensure neutrality is to utilize a panel of arbitrators. This can be especially useful in cases which are particularly complex or where there is a significant amount in dispute.

Making the best use of arbitration and mediation requires making a wise selection regarding arbitrators and mediators. Our firm has the expertise and experience necessary to provide effective, neutral mediation and arbitration services to businesses involved in commercial disputes.

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