Chapter 2 - § 2.7 • WHY NOT ARBITRATION?

• Jurisdiction: Colorado

§ 2.7 • WHY NOT ARBITRATION?

In recent years, arbitration has come under attack by its detractors on multiple grounds. These perceived grounds include:

• Cost. Arbitration is not cheaper than litigation when the arbitrator, as is common, allows the same discovery (or more) than in litigation and prehearing motions. Arbitrators' fees can be very expensive.
• Speed. Arbitrators are loath to force the parties (counsel) to hold the hearing "quickly" after service of the demand, particularly as arbitration has become more like litigation (discovery, motions, etc.).
• Limited Appeal. The grounds on which an arbitration decision may be appealed are very narrow when compared to appeal of a

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