Quality Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Quality Magazine logo
  • NEWS
  • PRODUCTS
    • FEATURED PRODUCTS
    • SUBMIT YOUR PRODUCT
  • CHANNELS
    • AUTOMATION
    • MANAGEMENT
    • MEASUREMENT
    • NDT
    • QUALITY 101
    • SOFTWARE
    • TEST & INSPECTION
    • VISION & SENSORS
  • MARKETS
    • AEROSPACE
    • AUTOMOTIVE
    • ENERGY
    • GREEN MANUFACTURING
    • MEDICAL
  • MEDIA
    • A WORD ON QUALITY PUZZLE
    • EBOOKS
    • PODCASTS
    • VIDEOS
    • WEBINARS
  • EVENTS
    • EVENT CALENDAR
    • IMTS
  • DIRECTORIES
    • BUYERS GUIDE >
      • Supplier Insights
    • NDT SOURCEBOOK
    • VISION & SENSORS
    • TAKE A TOUR
  • INFOCENTERS
    • Digital Quality Management Systems
    • NEXT GENERATION SPC & QUALITY ANALYTICS
  • AWARDS
    • ROOKIE OF THE YEAR
    • PLANT OF THE YEAR
    • PROFESSIONAL OF THE YEAR
  • MORE
    • Expert Columns
    • NEWSLETTERS
    • QUALITY STORE
    • INDUSTRY LINKS
    • SPONSOR INSIGHTS
  • EMAG
    • eMAGAZINE
    • ARCHIVES
    • CONTACT
    • ADVERTISE
  • SIGN UP!
Management

Resolving Disputes with Arbitration

ARBITRATION IS LESS FORMAL AND LESS EXPENSIVE THAN LITIGATION

By Bryan Berson
November 3, 2014

Parties to legal disputes often reflexively consider suing one another in litigation. As an alternative, parties can use alternative dispute resolution (“ADR”), including arbitration and mediation. My May 2012 and December 2013 columns discuss mediation, which is a form of facilitated negotiation.

Litigation is a process governed by complicated procedure. A petitioner (or plaintiff) commences a lawsuit by filing a petition in court. The respondent (or defendant) can respond by moving to dismiss the lawsuit or answering the allegations. Parties file motions that ask the court to make rulings.

There is a period of investigation known as “discovery” during which the parties disclose information. After several procedural phases, if the court has not dismissed or decided the case, or if the parties have not settled, there is a trial. Parties can appeal the verdict. Because courts tend to be congested, litigation could potentially last several years and is usually expensive.

As mentioned above, litigation is not the sole process for resolving legal disputes. When parties negotiate contracts, they can include an arbitration clause or sign a separate arbitration agreement. It can identify an organization whose rules will govern the arbitration. Also, the parties may agree to some procedural limitations. As a matter of public policy, courts favor and enforce arbitration provisions. This alleviates some of the congestion in the courts.

Arbitration is less formal and less expensive than litigation. Because the procedural rules are simpler than those used in litigation, arbitration proceedings are quicker. Thus, arbitration may only last several months. Fewer hearings and quicker proceedings result in lower bills and costs.

In arbitration, depending on the rules and amount at stake, one arbitrator or a panel of three arbitrators presides over and decides cases. In litigation, a judge presides, and a judge or jury decides.

Arbitrators can be attorneys or subject matter specialists who have industry experience. I arbitrate commercial matters. My name is included on a list of eligible arbitrators, and parties can select me (and other neutrals) to preside over their case.

Arbitration is private, whereas litigation is a matter of public record. Shortly after the panel of arbitrators is confirmed, the organization arranges a preliminary conference call. The arbitration chairperson leads the call, and parties agree to a variety of deadlines for phases of the case including an in-person hearing that is analogous to a trial.

After the call, the parties’ attorneys handle the case. They rarely contact the organization or arbitrators unless they file papers or if there is a dispute that they cannot resolve between themselves. At any point before or during the hearing, the parties can voluntarily choose to submit the case to mediation to try and negotiate a settlement. It is estimated that 90-95% of matters settle. The in-person hearings usually occur in a conference room of the sponsoring organization.

Arbitration hearings tend to be less formal than court hearings. The rules of evidence are relaxed, and arbitrators can hear witnesses out of order. It is not necessary to have a stenographer. The official record of the case is not publicized.

In litigation, after a court hearing or trial, it may take a judge several months to issue a ruling in the form of a written opinion. Arbitrators may issue a ruling within 30 days, and usually they do not have to formally explain the rationale for their decision.

In litigation, appeals are common. In arbitration, it is practically impossible to win an appeal except in several extraordinary situations. Thus, arbitration awards tend to be final.

 To improve chances of success, parties should retain attorneys familiar with ADR.  

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Bryan L. Berson, Esq. is an attorney and mediator at The Berson Firm, P.C., a commercial and civil law firm specializing in business law, real estate, mediation and litigation. His e-mail is [email protected]. Connect with The Berson Firm on Facebook and Bryan on LinkedIn.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • 2024 Quality Rookie of the Year Justin Wise 1440x750px banner with "Quality Rookie of the Year" logo inset

    Meet the 2024 Quality Rookie of the Year: Justin Wise

    Justin Wise is an exceptional individual who has been...
    Aerospace
    By: Michelle Bangert
  • Man with umbrella and coat stands outside while it rains at night looking at a building.

    Nondestructive Testing: Is there an ethics problem?

    I was a whistleblower who exposed fraudulent activities...
    NDT
    By: Dale Norwood
  • Unraveling Deflategate: Football stadium with closeup of football on field

    Unraveling the Tom Brady Deflategate

    The Deflategate scandal erupted following the 2014 AFC...
    Measurement
    By: Greg Cenker and Henry Zumbrun
Manage My Account
  • eMagazine Subscriptions
  • Newsletters
  • Online Registration
  • Subscription Customer Service
  • Manage My Preferences

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Quality audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Quality or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Key Takeaways for Quality Leaders
    Sponsored byComplianceQuest

    Key Takeaways for Quality Leaders from the 2026 Gartner Magic Quadrant™ for QMS

  • This image shows a person seated next to a Bobcat T66 compact track loader.
    Sponsored byPolyWorks by InnovMetric

    Supercharging Digital Gauging at Bobcat North America

  • Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios
    Sponsored byDorsey Metrology International

    Ensuring Product Quality in a Competitive Manufacturing Landscape

Popular Stories

iStock-1352825159-jpg.jpg

U.S. Should Substantially Boost Support for Manufacturing USA Program, Issue National Industrial Manufacturing Strategy, Says New Report

Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios

Ensuring Product Quality in a Competitive Manufacturing Landscape

Visions Sensors Ebook

eBook | How AI-driven Vision Systems Are Transforming Automotive Quality Control

2026 Quality Professional of the Year!

Events

June 22, 2026

Automate 2026

Automate is North America's largest robotics and automation event — and the best place to take your ideas from insight to impact.
 
Our show floor features the world’s leading automation solutions, from AI and robotics to motion control, vision systems, and more. Plus, our educational conference is second to none, led by the brightest minds in automation today.
 
Ready to transform the way you work? Take the next step at Automate.
July 14, 2026

Quality Leaders Forum: Better Communication, Better Quality Data

The Quality Leaders Forum is a quarterly, editor-moderated fireside chat series hosted by Quality Magazine, featuring candid conversations with senior manufacturing and operations executives shaping enterprise-level quality.

View All Submit An Event

Products

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

See More Products
Quality Podcast Channel Custom Content

Related Articles

  • Inconsistent Uncertainties Resolving Measurement Disputes

    See More
  • Legal Insight: Working With Mr. and Ms. Independent

    See More
  • Legal Insight: Both Sides Can Win Through Mediation

    See More

Related Products

See More Products
  • Green Lean: Achieving Outstanding Environmental Performance with Lean DVD

  • Building Lean Supply Chains with the Theory of Constraints

  • leanss.jpg

    Lean Six Sigma for Engineers and Managers With Applied Case Studies

See More Products

Events

View AllSubmit An Event
  • June 4, 2026

    Scaling Manufacturing Quality with Automation for Greater ROI

    On Demand If you need to do more with the same resources or build a new tech foundation, this session shows where to start and how to create a more efficient, scalable, cost-conscious quality process.
View AllSubmit An Event

Related Directories

  • eAuditor Audits & Inspections

    eAuditor is an inspection, issue capture and corrective action platform. Conduct inspections, flag issues, and resolve problems together. 1. Start with a checklist template Digitize your existing checklists 2. Conduct an inspection anywhere on your mobile. 3. Export and share professional reports instantly. 4. Gain insights with analytics Automatic syncing between mobile devices and desktop platform provide real-time analytics dashboards.
×

Stay in the know with Quality’s comprehensive coverage of
the manufacturing and metrology industries.

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Market Research
    • Reprints
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing