This process can easily be considered for most disputes a design professional will encounter. Arbitrator's decisions are not always based on dry law, but on what they feel is equitable and just for the particular dispute being heard. The arbitration process is private and confidential and the outcome of the hearing is not available for others to base their case on as it is done in the judicial setting. Arbitrators can have varying backgrounds of expertise. It is presently very popular for the parties in conflict to use a neutral with substantial knowledge of the matter in conflict, in order to diminish the learning curve of those neutrals who may not be acquainted with the applicable industry standards and what acceptable care a design professional should be responsible to furnish their client or consultant.
Arbitration can apply to very simple disputes or to very complex claims.
It can be a short form of resolution or it can be as lengthy as a court trial depending on the parameters established by the parties when the arbitration clause is crafted. Litigation is a resolution process that involves a judge deciding the dispute based on applicable law. Litigation is a win or lose process in which the parties do not control the outcome. It is a process that is appealable to a higher court, so the decision is not necessarily final. Litigation has proven to be too costly, too adversarial, and too time consuming to apply to most design professional oriented disputes.