Arbitration Basics: Learn the basics of arbitration in New York by Mediator Lauren Wachtler, Esq. of Mediation Solutions of NY

1. ARBITRATION BASICS
LAUREN J. WACHTLER, ESQ. | MEDIATOR/ARBITRATOR

2. THE BENEFITS OF ALTERNATIVE DISPUTE
RESOLUTION
According to the
courts, there are too
many cases and not
enough judges.
Litigation takes time
and it costs a lot of
money.
Clients expect disputes to be
resolved in the most cost-
effective and efficient
manner
The courts have
increasingly
recommended ADR as
early as the first
conference.

3. CHOOSING ALTERNATIVE DISPUTE
RESOLUTION
Many contracts provide for
alternative dispute resolution
prior to addressing disputes in
litigation.
Some contracts have arbitration
provisions which require the
parties to arbitrate rather than
litigate.
Even if the contract does not
contain an arbitration or
mediation provision, the courts
are uniformly requiring mediation
and early interventions including
mandatory settlement
conferences, which are contained
in court rules

4. ENFORCEABILITY
FAA recognizes the
enforceability of
arbitration clauses
in contracts
NY has its own
arbitration act
A party who has
agreed in a signed
writing will typically
be bound to
arbitrate.

5. ARBITRATION PROCEDURE
Demand to arbitrate and timing is governed by terms of
contract and or rules of practice
Challenge to arbitration demand and timing is governed by
rules of practice
Both may have tight deadlines
A party availing itself of the courts will likely be deemed to
waive the right to arbitrate.

6. ARBITRATION PROCEDURE
Arbitration procedure may be specified in the contract
The contract may direct the application of established rules
(AAA, or a mediation company)

7. SELECTION OF AN ARBITRATOR
Selection of an arbitrator is typically governed by the rules
of the organization being used to manage the arbitration
Ranked choice selection is typical
You are picking your “judge”; who would you want to
preside over your case?

8. SELECTION OF AN ARBITRATOR
CONSIDER: EXPERIENCE WITH
SUBJECT MATTER,
APPLICABLE LAW,
SCIENCE,
TECHNOLOGY.
CHECK LEXIS FOR
REPORTED CASES.
CHECK FOR WRITTEN
OPINIONS AND
ARTICLES.
CONSULT WITH
COLLEAGUES
CHECK THE HOURLY
CHARGES- THEY
DIFFER, OFTEN
DEPENDING ON
EXPERIENCE.

9. Discovery is not
favored in arbitration
But most arbitrators
will permit document
exchange and
perhaps some limited
discovery
Others may treat the
arbitration as a
litigation and costs
may unexpectedly
mount
Check before you
proceed
ARBITRATION IS NOT COURT – OR SO THEY SAY

10. Will a stenographic record be made?
Will there be a pre and post arbitration briefing?
If the arbitrator is inclined to allow motion practice, consider the costs involved.
There are very narrow and limited grounds to challenge an arbitration decision. Assume no right
of appeal and make sure the client is well aware; set the expectation appropriately.
OTHER CONSIDERATIONS

11. Learn about our panel of neutrals on MediationSolutionsNY.com