Arbitration is a private judicial process which involves an independent person, called an arbitrator, in hearing and deciding a dispute. The arbitrator is agreed upon by the parties, or may be appointed by the court if they cannot agree. The parties hand over power to decide their dispute to the arbitrator. Arbitration is an alternative to court action (litigation), and generally just as final and binding.

As a Judge, David L. Hodges has presided over hundreds of non-jury trials during the last twenty years. There is no substitute for experience when it comes to knowing how to conduct a trial efficiently, to get to the heart of the controversy, and to rule promptly.

What are the advantages of arbitration?

The advantages which arbitration has over court action are:

• Privacy - An arbitration hearing is a private meeting - the media and members of the public are not able to attend. The final decision is not published or directly available to others.
  
• Informality - The adversary elements of an open court hearing are far less evident in the less formal atmosphere of an arbitration. As a consequence, arbitration produces fewer barriers to the resumption of good working relationships.
  
• Choice of decision maker - For example, the parties can choose a technical person as arbitrator, so the meaning of technical evidence will be readily understood.
  
• Convenience - The hearings are arranged at times and places to suit the parties, witnesses, and arbitrator.
  
• Flexibility - The procedures can be segmented, streamlined or simplified, according to the circumstances.
  
• Efficiency - An arbitration can normally be heard sooner than it takes to get court proceedings heard. Preparation should be less onerous, and the hearing should be shorter.
  
• Finality - There is generally no right of appeal, although the court has limited powers to set aside or remit an award.

A perceived disadvantage is that one or both of the parties to an arbitration will pay for the arbitrator’s services, whereas the court system provides a result without charging a fee. However, this should be more than offset by the potential for increased efficiency in arbitration to reduce the other costs involved.