Private arbitration is an alternative dispute resolution (ADR) method in which the parties agree to submit disputes to a neutral decision-maker, rather than taking them to a public court.

The process is often faster, moving from filing to final awards without you needing to wait for a crowded court docket. This benefit is especially useful in central Florida, where the Middle District’s federal courts report they are among the busiest in the country.

Well-planned private arbitration involving clear contracts can be much simpler than a court case, making it easier for you to understand as it continues. The neutral decision-maker can also be a significant benefit when specific nuances of an agreement create uncertainty or when an issue is especially private.

However, there are several other benefits, such as the ability to obtain a binding award on a much shorter timeline. If needs be, this can later be confirmed and enforced in court. Below, we discuss what else you need to know about this form of ADR and what you can expect during arbitration when working with the Boyer Law Firm, P.L.

How Can Private Arbitration Resolve Disputes More Efficiently?

Private arbitration can reduce the time that dispute resolution takes by helping you avoid common challenges, such as:

• Busy court calendars
• Multi-year trials
• Unnecessary motions and hearings
• Limited flexibility compared to remote or hybrid arbitration options

Parties can also often use private arbitration for cross-border disputes, helping international contract issues resolve more predictably and avoiding some of the hurdles that come with foreign civil court proceedings.

Streamlined Discovery

Discovery is the formal process for exchanging evidence. In arbitration, the parties and arbitrator can often agree to limit this to key documents and targeted depositions. This limit can discourage broad fishing requests for information and reduce the time and cost of legal proceedings.

Scheduling Flexibility

Both parties and their counsel work with an arbitrator to select hearing dates to fit all members’ schedules, taking into account different time zones and travel needs.

In the meantime, interim discussions can proceed to keep the case moving forward and resolve issues that may fall outside the key events.

If rescheduling is needed, parties can coordinate directly with an arbitrator instead of the busy court scheduling system. As a result, adjustments may be simpler and involve less bureaucracy, making arbitration less stressful for everyone involved.

A 2024 analysis of dispute-resolution survey results even found that a vast majority (95%) of respondents reported using institutional arbitration for investor-state disputes, underscoring how widely accepted this method is for complex, cross-border cases.

Will Arbitration Protect Sensitive Information?

While many court proceedings are open to the public and records are available online, arbitration can be much more confidential through confidentiality clauses in the arbitration agreement.

Both parties can also identify the specific types of data they want to remain confidential at the start of the process. This way, they reduce the risk of public disclosure while allowing them to discuss other elements (for example, if they need to talk about a product for publicity).

However, it is important to note that if the parties later go to court to resolve a related issue, those court filings will become public unless sealed.

Should the arbitration result in an award or settlement, the written agreement may include confidentiality provisions or non-disparagement clauses. These can include clauses stating that if either party breaches them, they risk forfeiting the settlement or paying agreed-upon damages.

Access to Experienced and Neutral Decision-Makers

If you take a case to the courts, you will be assigned a random judge and leave it up to chance whether they have the key knowledge needed to ensure your case is considered in the light you wish it to be. In arbitration, both parties can select arbitrators with specific experience in the dispute’s area before the process begins.

As a neutral decision maker, having an arbitrator you know is much more likely to be unbiased can help both you and your opposing counsel feel much more comfortable with the proceedings.

Benefits of Both Industry and Legal Knowledge

Arbitrators with industry knowledge do not just help you make better decisions, but they will also far more quickly grasp many of the concepts you might need to explain.

You can expect them to know how to respond without needing to research the topic or having it explained to them. They will also have a greater understanding of the remedies available and which are more realistic for both parties.

Many arbitrators are also former judges and professors and are likely to be familiar with complex or cross-border issues. As such, they can efficiently manage complex legal procedures, helping both parties feel heard and keeping the case focused on the core issue.

Greater Control Over Procedure and Costs

As mentioned before, arbitration allows you to produce an arbitration agreement before any process begins. It will enable you to customize the rules of procedure to fit any dispute, so long as they still follow the law.

Some of the most common of these exist to make private arbitration perfect for those searching for cost-effective legal solutions that are also timely, such as:

• Limits on document review
• Requirement for expert evidence in certain areas
• How either side can produce specific motions
• Who pays arbitration fees
• Which technological tools are acceptable for attending remotely

They can also determine whether hearings may proceed when one party does not personally attend, relying instead on written submissions and representation by counsel.

Legal Peace Strategies for You or Your Business

Private arbitration’s efficient legal resolution methods make it a popular option for many who do not wish to go to court. If you choose to proceed, then ensure that every step in the process is performed by someone with key professional experience.

Directed by Francis M. Boyer, a Board-Certified Specialist in International Law, Boyer Law Firm, P.L., can advise both domestic and international clients in the dispute resolution process, drafting clauses, choosing arbitration forums, and expertly handling cross-border disputes.

Get in contact today to learn whether private arbitration is the right choice for your case and what else we can do to give you the best chance of satisfaction.