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What are the biggest challenges facing arbitration today?

Erna Tossell

Well, arbitration is certainly an interesting and complex topic to talk about. In my opinion, one of the biggest challenges facing arbitration today is the issue of enforceability. This means that even if parties agree to an arbitration decision, there may be challenges in getting that decision enforced by courts or other government bodies.

Another challenge is the lack of diversity in arbitration panels. The majority of arbitrators are still white men, which doesn't reflect the diversity of modern society. This can make it difficult for parties to feel like they are being heard and understood by their arbitrators.

Additionally, there is a general lack of awareness about what arbitration is and how it works. Many people still think of it as a form of litigation, when in reality it's a much more streamlined and flexible process. This lack of understanding can make it challenging for parties to decide if arbitration is the right route for them to take.

Another challenge is the potential for bias or corruption within the arbitration process. While there are certainly safeguards in place to prevent these issues, they can still occur and can be difficult to detect and address.

Finally, cost is another significant challenge facing arbitration today. Arbitration can be a more expensive alternative to traditional litigation, and for parties who are already facing financial strain, this may not be a feasible option.

Overall, there are many challenges facing arbitration today, but through education, awareness, and continued efforts to improve the process, we can work towards creating a more effective and fair system for all parties involved.