Arbitration, on the other hand, is like a mini private trial. Both sides conduct written discovery, take depositions, and present evidence and testimony before an Arbitrator. Unlike Mediation, the parties do not need to agree on the outcome. Instead, the Arbitrator issues an Arbitration Award that can have the full force and effect of a judgment.

While much less expensive than a trial – Arbitration still has its complications. Arbitrators are less scrutinized or subject to judicial review than judges, meaning that sometimes arbitrary or inconsistent rulings are possible. To prevent this, it’s important to have solid representation throughout the process because once the Arbitrator issues its findings, overturning those findings is a rare and difficult occurrence.