Arbitration using net-ARB will settle a dispute very quickly where direct negotiation has failed. Arbitration differs from mediation because an Arbitrator is in essence a judge whereas a mediator is only a helper. And because arbitration awards cannot be appealed, they are even more final than a court decision.
A Mediator may not render a decision and has no power of adjudication. Mediation is built on the concept of getting the sides to agree, often by assisting them to reach a figure by talking to each side separately. Depending on the mood of the parties and the complexity of the dispute, this can be a lengthy process and often expensive for that reason. Plus you never know whether or not mediation will work, so I could all be a waste of time.
The Mediator need not be a "subject expert" in order to do their job. This causes problems in mediation when one side or the other does not understand the technical complexities which arise and holds an unrealistic bargaining position because of that misunderstanding. However, a net-ARB Arbitrator is in most cases a subject expert so that separate expert witnesses will not even be needed.
net-ARB's process is fast: if the parties can't solve matters by direct negotiation, a net-ARB arbitration takes only as long as the parties need to email their supporting documentation and to then cross-examine each other by email. The Arbitrator examines the evidence and renders a decision within 2 or 3 days. Typical cases are open and closed in less than two weeks.
Arbitration delivers a certain outcome, which can be enforced according to international treaties in the USA and most countries. And net-ARB arbitrations are conducted for a fixed fee, so there's no chance of a cost blow-out.Go back to main » Articles page.