As an attorney, it is folly to commence a professional relationship or to begin a project without a written agreement. The document, at a minimum, must address the particulars of the attorney's compensation and the scope of the task that is to be undertaken. However, be aware that arbitration has both benefits and detriments. Analyze the particular undertaking carefully to determine whether arbitration is appropriate. The advantages of arbitration must be weighed against the disadvantages for both the attorney and the client.
Arbitration is intended to provide a fast and inexpensive dispute resolution method.
The goal is to avoid the expense and delays attendant to judicial resolution. Another advantage for arbitration is that the parties have some control of who will be appointed as the arbiter. Also, traditional formalities are usually waived in that evidentiary rules are relaxed, hearings can occur after hours, and schedules can be more easily accommodated. Conversely, there are significant disadvantages that must be considered. An arbiter's discretion is virtually without limitation.