Hon. Stuart A. Nudelman, (Ret.), senior mediator and arbitrator at ADR Systems, and Jann Johnson, Esq., Chief Operating Officer and Executive Vice President of Marketing at ADR Systems, have published an article in the Chicago Daily Law Bulletin. The article, Realizing the Potential Cost Savings of Arbitration: It’s in the Process, emphasizes the importance of designing the right process for arbitration, and details the benefits of arbitration if the parties customize the process to fit their needs.

Judge Nudelman and Ms. Johnson offer three overarching suggestions for counsel in the article: take control of the process, use arbitration experts and leverage soft cost savings.

“There are both “hard” and “soft costs” associated with arbitration. The cost of the arbitrator is a hard cost, usually based on a pre-determined hourly or daily rate. On the other hand, arbitration also involves soft costs, which are not fixed,” they wrote. “Parties will lower soft costs if the Agreement to Arbitrate controls how an arbitrator will enforce, for example, discovery violations. The arbitrator will work more efficiently—lowering costs—when rules are clearly spelled-out in the Agreement. Arbitration is a private, confidential process. Companies will often choose arbitration to avoid the potential negative publicity associated with litigation, thereby also reaping soft cost benefits.”

Read the full article at adrsystems.com.

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Hon. Stuart A. Nudelman, (Ret.) is a senior mediator and arbitrator at ADR Systems. He is highly experienced in commercial, personal injury and complex construction matters, among many others. He has resolved more than 2,000 mediations and arbitrations throughout the United States in the past eight years.

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