June 30, 2023

Many parties and attorneys believe that private arbitration is necessarily faster and less expensive than litigating in court. While this is sometimes true, it often is not. Indeed, while courts are incentivized to dispose of or resolve cases early to reduce the size of their dockets, private arbitrators get paid for their time and are disincentivized to dispose of cases early on—thus sometimes leading to more robust discovery and motion practice and longer and more expensive proceedings.

In this short video, Schlam Stone & Dolan partner Joshua Wurtzel offers a counter-narrative to the view that many parties and practitioners have about the speed and cost savings of arbitration.

Coverage of the case can be found here: