July 06, 2020 Articles

Tips from an Arbitrator: Getting Off to a Good Start

Arbitration requires strategic planning to manage the process—and the arbitrators.

By Patricia A. Nolan
An agreement to arbitrate can be empowering—but only if lawyers are willing to take advantage of the opportunities that arbitration affords.

An agreement to arbitrate can be empowering—but only if lawyers are willing to take advantage of the opportunities that arbitration affords.

Healthcare lawyers routinely represent hospitals, medical practices, and doctors when they face breaches of contracts and other business torts. Often, the governing contract will include an agreement that any dispute arising from the parties’ relationship must be arbitrated. Occasionally, parties will have negotiated a post-dispute arbitration agreement.

What now? An agreement to arbitrate can be empowering—but only if lawyers are willing to take advantage of the opportunities that arbitration affords. Doing so requires working with clients to formulate the business goals of the arbitration, not just the litigation goals. It also requires strategic planning to manage the process—and the arbitrators—in order to achieve a successful outcome while ensuring an efficient proceeding. 

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