Arbitrators Have the Tools to Limit and Control Costly Discovery

Unfocused, unbridled discovery is one of the main elements driving the high cost of litigation today, and some critics say that the same problem has seeped into arbitration practice.  But arbitration need not go the way of litigation.  Procedures are available to arbitrators that allow them to place strict controls on discovery – and keep costs down.

“Arbitrators have effective tools for limiting discovery,” says Hon. James Robertson (Ret.), an arbitrator with JAMS, The Resolution Experts (Washington).  “In an appropriate case an arbitrator can, for example, invite an immediate motion for summary judgment.  If the party opposing that motion needs discovery before responding, it can be required to say, with some precision, what discovery is needed and what it is expected to establish.  The arbitrator can then use this motion to guide – and limit – discovery.”

Judge Robertson, who served as a United States District Judge for the District of Columbia for more than 15 years and presided over a docket that included a broad range of complex federal cases, is available to write an article on this topic.  The article will outline the procedures available to arbitrators that can help control discovery and fulfill arbitration's promise of cost-effectiveness.   [09/01/2010]