Overcoming the Fear of Arbitration
By Hon. Lisa R. Curcio, (ret.)
Construction Law,
January 2025
Parties avoid arbitration because of several common fears. Besides the limited right to appeal, parties fear an arbitrator who will “split the baby” or treat the arbitration like litigation, increasing the cost of resolving the dispute, or an arbitrator who does not know the law or ignores the law. Yet there are concrete ways that parties can take advantage of the benefits of arbitration while overcoming these fears.
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