The American Arbitration Association-International Centre for Dispute Resolution® (AAA-ICDR) has released feedback from surveyed arbitrators about the efficiency and cost-effectiveness of their AAA-ICDR awarded cases.
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NEW YORK, July 31, 2019 /PRNewswire/ -- The American Arbitration Association-International Centre for Dispute Resolution® (AAA-ICDR) has released feedback from surveyed arbitrators about the efficiency and cost-effectiveness of their AAA-ICDR awarded cases.
The study incorporates views on every step of the arbitration process from more than 400 arbitrators who issued awards for large and complex cases with at least $1 million in claims or counterclaims. In particular, arbitrators were asked how well case participants and counsel cooperated, and how well they handled discovery, motion practice, and other aspects of arbitration. Arbitrators also commented on factors which they felt contributed most to the delay or rising cost of cases, and best practices for avoiding cost increases and time delays during arbitration. For more information about the arbitrator survey's findings, please visit http://go.adr.org/arbitrator-survey.html. "Feedback from arbitrators provides useful insights for how parties and counsel in current and future cases can improve their arbitration experience," said India Johnson, President and CEO of the AAA-ICDR. "We hope our arbitrators' views on the most common causes of case escalation, and the use of motion practice and discovery, can help case participants take steps to improve the economy and efficiency of their arbitration process." When asked about factors which pushed up costs or delayed cases, 39.3 percent of arbitrators cited discovery, and 36 percent identified motion practice. Meanwhile, 27 percent and 20.9 percent pointed to difficult or uncooperative parties, and postponements, respectively. However, although more than 85 percent of the 400 cases included motions filed during arbitration, less than 10 percent of arbitration clauses in these cases directly addressed the practice of filing motions. Discovery was also addressed directly in under 10 percent of arbitration clauses, even though 75 percent of the 400 cases experienced discovery disputes. The three most common suggested best practices from surveyed arbitrators to improve cost and process efficiencies are to 1) limit discovery, 2) agree upon and strictly enforce scheduling orders, and 3) foster cooperation among counsel. When asked to rate, on a scale of 1 to 5, the cost-effectiveness and efficiency of complex cases by industry, healthcare (3.92) and technology (3.83) cases received the highest average ratings by surveyed arbitrators, followed closely by energy (3.75). About the American Arbitration Association About the International Centre for Dispute Resolution
SOURCE American Arbitration Association |
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