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Alternative Dispute Resolution

Apr. 12, 2012

Question: to arbitrate or not to arbitrate

Choosing an arbitrator can be such an important step, that it is sometimes impossible for parties to agree. By Brian Kabateck and Derek Scott


By Brian Kabateck and Derek Scott


Traditionally, the plaintiffs' personal injury bar hasn't been a big cheerleader for arbitration. The belief that an injured client stands the best chance with a jury of 12 peers is about as entrenched as any in the practice of law, in spite of regional variations. And arbitrators are often viewed with suspicion, either as baby-splitting sycophants, disinclined to offend anyone for fear of losing business, or as jaded old...

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