{"id":898958,"date":"2021-07-21T15:18:53","date_gmt":"2021-07-21T21:18:53","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=898958"},"modified":"2021-07-21T15:18:58","modified_gmt":"2021-07-21T21:18:58","slug":"arbitration-clause-no-1-mistake","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/arbitration-clause-no-1-mistake\/","title":{"rendered":"Lawyer\u2019s Advocacy in Arbitrations: The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make"},"content":{"rendered":"\n

David K. Taylor | Buildsmart<\/a><\/p>\n\n\n\n

There\u2019s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the beginning of the 10 most horrible, terrible, no good, \u201cbang your head against the door\u201d mistakes that I have seen lawyers make in arbitrations, both when I served as counsel but primarily when I served as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.  There are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts, but the fact is that when a dispute is arbitrated, finality is the rule. It is very difficult to appeal an arbitration award. In many instances, representing a party in an arbitration requires more due diligence and work than a trial. Great \u201carbitration\u201d lawyering is therefore essential but many times does not happen.<\/p>\n\n\n\n

Number 1: Mangling the Drafting of Binding Arbitration Clauses<\/h2>\n\n\n\n

Yes, this applies to your transactional lawyers as well as litigators. Arbitration is a matter of contract. Federal and state law allow for the enforcement of arbitration clauses<\/a>. Courts now favor arbitration. There are plenty of articles out there on drafting arbitration clauses, but far too often drafters fail to consider the basics:<\/p>\n\n\n\n