Many select arbitration because of the expectation and belief that arbitration can be more cost effective and more efficient than litigation in court. Equally likely is that most agree that in many instances, arbitration fails to achieve this objective. There are many theories as to why arbitration continues to grow more and more like litigation. The theories offered likely depend upon whom is asked. It may be fair to say that there are differing views on the extent to which the responsibility for keeping costs down and the process moving is controlled by the litigants or by the arbitrator. Your answer to the question may depend on who you ask.
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