When Should I Choose Arbitration Over Trial?

Arbitration can be simpler and in some cases a faster and less expensive process, and it’s often outside the public. But you need to understand that arbitration is not always the least expensive. And since you’re awaiting trial, it may block your ability to get a jury of your peers to decide your case. It may also be considered unbalanced because it is commonly used by bigger companies who may know the arbitrators and the arbitrators know them and may restrict your ability to make things more transparent or public when that may not serve your interests and may not motivate productive change by public exposure or admonition associated with trials. Arbitration awards are also much harder to reverse on appeal. Talk to a very experienced trial lawyer to understand whether this kind of clause is the right option for you.

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