February 25, 2020 15 minutes to read · 3500 words

An Unhappy Bargain: The Downsides of Arbitration

By Katie Burghardt Kramer and Amiad Kushner

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Reprinted with permission from Litigation, volume 46, number 1, Fall 2019, at 44-48. ©2019 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Be careful what you wish for, lest it come true. And be forewarned: Arbitration is not the shimmering nirvana for parties in dispute. Yet, clients and their lawyers contract for it all the time and sometimes choose to submit to it even absent an agreement requiring that they do so.

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