Parties often agree to arbitration assuming that the process is the functional equivalent of a nonjury court trial and differs from it only in that it allows them to select their judge, time and place of hearing.
Subsequently, however, they discover that certain of the characteristics to which they have become accustomed may no longer be available. For example, parties that expect to develop their case through extensive discovery soon appreciate that the arbitrator may lack either the power or inclination to allow or order such discovery. Similarly, under ADR provider standards, rules of evidence may be either enforced or ignored by the arbitrator.
