Most states share this policy position, having enacted arbitration statutes promoting arbitration. See Point V.A., infra. This is the dispute resolution mechanism most often found in contracts. Binding arbitration is preferred. The mediation process can be less expensive and may permit development of a win-win result.
Some clauses distinguish between arbitrability of questions of fact and law.
J.P. Greathouse Steel Erectors, Inc. v. Blount Bros. Constr. On appeal, the Court of Appeals reversed, concluding that the issue arbitrated was a breach of contract issue necessarily raising both questions of law as well as of fact. B. Different Dispute Resolution for Different Issues 1. You may wish to submit different types of disputes to different disputes resolution forums. Technical issues, such as calculation of production royalty or determination of ore grade, may be better suited to resolution by an industry panel, while fraud and misrepresentation, or repudiation claims are better suited to resolution by thoughtful, judicious attorneys.