April 19, 2018 Articles

Five Tips for Controlling Time and Cost in Construction Arbitration

Guidance from two members of the American Arbitration Association’s Construction Division on keeping the process efficient

by Mia Levi and Michael A. Marra

Parties choosing to use arbitration as an alternative dispute resolution (ADR) mechanism are becoming increasingly concerned with what they perceive as an escalation in the time and cost of the process. In reality, most arbitrations are completed in months (as opposed to litigation, which can take years), but sometimes the arbitration process can unwittingly be derailed by the parties themselves. It is the parties, along with their counsel, who are best situated to control the time and cost of the arbitration process. This article explores our top five tips for controlling time and cost in construction arbitration. These tips are intended to lead counsel through the process, with guidance on keeping the process efficient: from drafting the arbitration clause to selection of the arbitrator to the arbitration process itself.

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