Alternative Dispute Resolution: Arbitration from an Arbitrator's Perspective

February 01, 2006

One way to gain insight into how to most effectively persuade a decisionmaker is to switch roles and to examine the process from the other point of view.  In litigation, for example, by testifying as a witness, a trial lawyer can experience first hand how truly irresistible the impulse can be to volunteer information.  A trial lawyer serving on a jury may come away from the experience with a new approach to trying cases.  Sitting on a panel of arbitrators through trial and award in a complex case provides a unique perspective into what is persuasive in arbitration and what is not.  When the panel includes experienced retired trial judges, the insights may prove all the more valuable.  The following is a compilation of points learned by attorneys/arbitrators who have served on panels with retired judges in IP and other complex cases.  

Document: Alternative Dispute Resolution - PDF