The tide of arbitration is shifting toward a less expensive, more efficient process. That wave has been building for a while, as users increasingly have lamented the fact that arbitration had become a clone of litigation, with extensive discovery and motion practice, combative advocacy and cases that dragged on while costs and contentious mounted. Providers of arbitration services and commentators have been aware of the predicament for years. Their entreaties to simplify the process and return to the original purpose of arbitration, in order to offer an expedited alternative to resolve disputes, went largely unheeded by counsel, who are litigators at heart running the process by agreement with like-minded opponents.
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