How do you move a case to conclusion if you can’t agree on a settlement and a jury trial is light years away? Since both parties have a common interest in expeditious and successful case closure, alternative methods of deciding the case should be considered. It is more important than ever to think outside the box of traditional methods of case resolution given the backlog of cases COVID-19 has created in our court systems.
Whether liability, damages, or both, are at issue, remote mediation, trial by judge, or arbitration, with or without high-low agreements, are viable options of adjudication. This article will focus on arbitration and suggestions to avoid missteps, disagreements and derailment.
