Arbitration: What’s a Trial Lawyer to Do?

For quite some time now, the mantra has been:

"Arbitration is quicker and less expensive than litigation."

The trouble is, this is no longer true.

With more and more trial lawyers coming into arbitration, the way discovery gets done and the magnitude and complexity of cases now being arbitrated often makes arbitration just as cumbersome and just as expensive as litigation. Or more so.

So, if you expect arbitration to yield an outcome that takes less time and costs less than litigation, you need to know - ahead of time - just how comfortable both lawyers will be using the arbitrator to help you fashion a procedure you can trust to deliver a fair, wise, and equitable result.

You can expect me to provide you proactive, individualized treatment for your dispute. But please don't just take my word on this. I encourage you and your opposing counsel to schedule a joint preliminary interview with me as well as any other arbitrators you are considering working with.

We Offer a Unique Arbitration Design Process

I do arbitration differently than the AAA, JAMS, ICC, and any other institutional arbitration administrator. I work with all parties early on to make sure that both the discovery plan and the scheduling order are tailored to fit the particular needs of the clients and the lawyers on all sides. It's definitely not a one-size-fits-all approach. I can and will offer specific advice and issue orders to prevent abuse of the discovery process, encourage efficient depositions, tailor e-discovery, and manage discovery from third parties. You can read more about the approach I use to custom design the arbitration process for each dispute here.

I respect that your clients' agreed to something other than the traditional litigation process. Throughout the arbitration process, however, you can trust that your clients' case will be decided by a trial lawyer who has appeared before hundreds of decision makers in a broad range of cases on both sides of the docket. Having been a decision maker myself for the past 15 years, I respect and follow substantive legal principles and due process, while bearing in mind the myriad concerns of lawyers and clients coming into arbitration.

Unlike court litigation that can drag on, I will push the parties to move forward through the arbitration. We will work from a scheduling order that ensures that the dispute will be resolved quickly without sacrificing fairness in the discovery process. In any decision throughout the process, including the final award, you and your clients will get prompt action from me.

If you think this is the kind of process that will best serve your client, please set up a joint interview with me by phoning or emailing my assistant, Ms. Chaky. You can reach her by phone at 512- 345-8537 or email her here.

What to Do Next if You Want to Skip the Preliminary Interview and Start With a Conflicts Check

Even if you don't decide to have a joint preliminary interview, you will need to submit the names of the lawyers and the parties to Ms. Chaky so that we can run a Conflicts Check. Often times we can identify potential conflicts immediately. Beyond this, you will usually hear from us within two business days regarding any conflicts disclosures we feel are necessary. Following the Conflicts Check, if you still want to hire us, your next step will be to work with Ms. Chaky to schedule an Initial Arbitration Conference.

Mr. Bayer prefers to do the Initial Arbitration Conference in person, with client representatives present. However, if all the parties agree, we can have the Initial Arbitration Conference on the telephone as long as the parties agree and there's a party representative along with their lawyer on the conference call.

Use the links in the sidebar to access forms we have provided for these steps.

We understand that the steps of the arbitration process are inherently formal and appreciate your cooperation. It is our intent to make things as quick and easy for you as possible, respecting that arbitration is much more like litigation than it is like mediation.