Arbitration used to be considered a cost efficient way of resolving a construction dispute in lieu of litigation. However, as clients can attest, this is not necessarily true. If arbitration is the selected method of dispute resolution, there are several cost reduction measures that can be implemented without jeopardizing the merits of your case. These include the following five measures:
- Insisting on a continuous hearing schedule instead of breaking up the hearing in segments with week to month long breaks, which results in reeducation and remobilization costs.
- If the trial needs to be scheduled in segments, cut the case into relevant pieces (large change orders versus small change orders, schedule delays versus workmanship issues, etc.)
- Shorten the trial testimony by limiting the hearing time spent on discussing the project background history. Prior to the hearing or testimony, parties can file a witness background statement, timeline of events, and other non-disputed fact based information.
- Present opposing topic experts (schedule delay experts, engineering design experts, etc.) at the same time so that arbitrators will better understand the issue and allow for more effective arbitrator questions.
- Conduct the hearing as a paperless case.
Thank you to Allison Snyder at Porter & Hedges, LLP who compiled the complete list of cost reduction measures for arbitration.