This often results in splitting into multiple sessions which then allows each party to regroup and bring the panel more volumes of documents and more witnesses, resulting in overkill. The expertise of the panel is another benefit of arbitration. This is the major reason why contractors should strongly consider including arbitration requirements in their contracts. Arbitrators available through the AAA have experience in construction. This saves considerable time and expense in educating the finder of fact and reduces the chances of a poor decision caused by an incomplete understanding of the construction process.
Discovery is usually the most expensive part of a lawsuit.
It is the process by which the parties exchange documents related to the case and learn prior to trial the evidence the other side will use. The parties are required to exchange copies of all exhibits at least two business days prior to the commencement of the hearing. In most instances, there is no explanation of the decision made by the arbitrator. This hampers the ability to appeal the decision and will impact the acceptance of the decision by the parties. The parties can agree in advance that the arbitrator will provide an explanation of the decision, but this will increase costs because of the additional time required by the arbitrator.