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In our first column, we talked about three situations in which arbitration can help eliminate some corporate litigation pitfalls. Here, we share a comparative study of 19 single-plaintiff cases—nine resolved through arbitration and 10 resoloved in court—to help you decide whether to apply arbitration broadly or on a case-by-case basis. The comparative study is the product of a company assessment into whether its arbitration program with employees lowered litigation costs and yielded better results than litigation. The big-picture takeaway is that arbitration is not a panacea to lowering litigation costs. The study, in a nutshell, shows that arbitration costs rival those of litigation. Customization of the process is key, rather than a one-size-fits-all approach. The study is, of course, not a tell-all; the devil is in the details. An analysis of the outlier arbitration cases that increased costs can help you craft arbitration provisions to help avoid those extremes. Let’s look at the case study’s results and the reasons behind them. We’ll then wrap up with a discussion on how to best use the results.    

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