January 2015 Archives

By Jeffrey T. Zaino, Esq.

The American Arbitration Association (AAA), and DecisionQuest, the nation's leading litigation consulting firm, have created the online tool CaseXplorer Arbitration, a cost-effective alternative to in-person mock arbitrations. It enables users to receive an objective evaluation of their arbitration cases from experienced arbitrators not associated with their cases.
"Mock" arbitrations and case research/evaluations have been used for a number of years, and many arbitrators have served as mock arbitrators or case evaluators at the request of parties or counsel where they are presented with a live arguments or evidence. CaseXplorer Arbitration, which can be utilized either before arbitration has begun or while the actual arbitration is pending, is managed simply and exclusively online:

• The user selects (by keyword, expertise, and locale) a panel of three or five AAA evaluative arbitrators available for CaseXplorer Arbitration,

• The user provides these arbitrators with a set of facts, legal arguments, and questions, either user-drafted or created by CaseXplorer Arbitration consultants who will remain available throughout the process to assist. Document and videos may be provided to the evaluative arbitrators to review.

• Then, within three to four days, the user receives each arbitrator's responses to the questions posed.

Through CaseXplorer Arbitration, a party can gain valuable insights into the strengths and weaknesses of their case from evaluative arbitrators, which can be helpful in focusing strategy, clarifying expectations or even facilitating settlement.

Pricing for CaseXplorer Arbitration is available for three arbitrators and for five arbitrators, and is a fraction of the cost of an in-person simulated arbitration. The price includes all administrative aspects of using the tool, the completed reports, and the payment to the arbitrators.

Jeffrey T. Zaino, Esq., is Vice President for the Commercial Division of the American Arbitration Association in New York

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