As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in a brisk 45 days.
That’s hardly unusual. On average, arbitration and mediation cases are resolved twice as quickly as disputes in court, according to new data from the AAA. “There’s not a hurry-up-and-wait approach that you often have in litigation,” Bailey says. Arbitration hearings usually proceed on schedule, parties select arbitrators with relevant subject matter expertise, and proceedings remain private, all of which saves the parties time, money, and stress—and helps protect business relationships.
Conflict resolution in practice does vary significantly by industry. Here’s how it unfolds in seven key sectors, and what makes each one distinct, according to 2025 data from the AAA.
Time to Award vs. Time to Trial
The median time to award in AAA cases closed in 2025 with claims $1 million-plus faster than U.S. Federal District Court
Category Months
B2B 18.7
Construction 19.9
Consumer 9.1
Employment 17.0
Energy 19.3
Healthcare 20.0
Technology 15.9
Time to Trial 34.1
CONSTRUCTION
Construction disputes can involve significant complexity. On large projects, conflicts can involve owners, architects, engineers, general contractors, construction managers, and subcontractors. “You could have a case that involves 20 to 40 parties,” says Allison Snyder, a former partner at Porter Hedges, LLP, now a Houston-based construction arbitrator with the American Arbitration Association.
Last year, parties filed more than 5,000 arbitration and mediation cases with the American Arbitration Association’s construction division, which maintains a bench of over 1,000 arbitrators and mediators. From this bench, the American Arbitration Association also offers a Construction Mega Project Panel, representing a select group of nearly 100 construction lawyers and industry professionals. These panelists are chosen by the industry to handle large, complex, high-stakes disputes arising from major infrastructure projects; heavy industrial and energy facilities; advanced manufacturing hubs; and significant construction projects, such as high-rise buildings and urban complexes.
“In a construction defect case, you might have 30 issues,” Snyder says. “And for each of those issues—HVAC, plumbing, electrical—every party is going to have their own expert.”
Arbitrators understand that parties who’ve worked together for years often want to continue those partnerships, even if they have sticky issues to work through. This is a key benefit of arbitration: “There’s motivation to push people to get things resolved early so they maintain good relationships,” she explains.
Cases settled before incurring arbitrator compensation – 42%. More than a third of cases incurred no arbitrator compensation.
Construction Arbitrators and Mediators
From AAA’s roster of construction arbitrators and mediators, a select group of nearly 100 make up the Construction Mega Project Panel, which handles high-stakes disputes on large, complex projects, roster = 1,174.
Discover the benefits of resolving disputes through arbitration and mediation.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 801.641.8304, or email experts@adviseandconsult.net.