Perspective
Sep. 24, 2016
When getting it right matters most
Trials aren't perfect tools for delivering outcomes that are fully faithful to the merits of cases. Neither are arbitrations. But when compared as processes, arbitrations are likely to yield higher quality decisions than jury or judge trials. By Wayne Brazil
Wayne D. Brazil
Neutral
JAMS
Hon. Wayne D. Brazil (Ret.) is a former judge in the U.S. District Court for the Northern District of California.
Trials aren't perfect tools for delivering outcomes that are fully faithful to the merits of cases. Neither are arbitrations. But not all imperfections are equal - and when compared as processes, arbitrations conducted by conscientious arbitrators are likely to yield higher quality decisions than jury or judge trials.
Tone: Invitation Rather Than Intimidation
A trial takes place in a courtroom - a...
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