The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes

Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The ability to shape the arbitration process—including selecting the arbitrator and customizing procedural rules—can significantly impact efficiency, fairness and the outcome of a dispute.

Under JAMS’ arbitration rules, parties have the freedom to craft a process that suits their needs. This includes choosing the arbitrator, setting discovery parameters, modifying procedural rules and even incorporating an appeals process. As disputes grow more complex—driven by globalization, evolving regulations, emerging technologies and multistakeholder interests—this level of adaptability is essential.

How Flexibility Enhances Arbitration

The core strength of arbitration lies in its ability to be shaped by the parties involved. Here’s why flexibility in arbitration matters—and how JAMS’ approach supports it.

1. The Right Arbitrator for the Right Case

Selecting an arbitrator with the appropriate background, experience and skill can be one of the most consequential decisions in any arbitration. Under JAMS’ rules, parties have the power to choose the arbitrator, ensuring that their dispute is handled by someone with relevant knowledge and the right approach for their case.

JAMS offers a diverse roster of neutrals that includes retired judges, experienced litigators and subject matter professionals across a broad range of industries. This allows parties to select an arbitrator who understands the nuances of their dispute, reducing the need for extensive explanations and increasing the efficiency of the process.

2. Shaping the Process to Fit the Dispute

Unlike litigation, which is governed by rigid procedural rules, arbitration allows parties to design a process that works for their specific circumstances. Under JAMS’ rules, parties can modify procedural elements, such as discovery limits, briefing schedules and hearing formats. This adaptability can be especially useful in complex commercial disputes, where standard litigation timelines and procedures may be impractical or inefficient.

For example, in cases involving highly technical issues, parties may agree to limited discovery or the inclusion of an industry authority as a special arbitrator. In fast-moving business disputes, parties might set expedited timelines to reach a resolution more quickly.

3. Efficiency Without Compromising Due Process

A well-structured arbitration process promotes both efficiency and fairness. By allowing parties to tailor the process—including selecting streamlined discovery protocols, written-only hearings and flexible evidentiary rules—arbitration can avoid unnecessary delays while making sure that both sides have a fair opportunity to present their case.

JAMS’ case managers play a key role in supporting this efficiency by helping parties coordinate logistics and procedural decisions, ensuring that cases progress smoothly while respecting the choices the parties have made about their process.

4. Confidentiality and Control Over the Resolution Process

Confidentiality is often a key reason why parties choose arbitration. Unlike court proceedings, which are generally public, arbitration allows parties to keep sensitive business disputes private. Under JAMS’ rules, confidentiality protections are built into the process, ensuring that proprietary information, trade secrets and reputational concerns are safeguarded.

Additionally, because parties can shape their own process, they have greater control over how the dispute is resolved—whether through traditional arbitration, a mediation-arbitration hybrid or specialized procedural approaches.

Ultimately, flexibility in arbitration isn’t just about convenience; it’s about making sure that the process fits the dispute rather than forcing the dispute into a rigid framework. By allowing parties to select the arbitrator, define procedural rules and tailor the process to their needs, arbitration can provide a more effective and efficient path to resolution.

JAMS’ arbitration rules are designed to support this flexibility, providing structure where needed while allowing parties to work together to alter the process to suit their individual needs. In an increasingly complex legal landscape, the ability to shape the dispute resolution process is more important than ever.

For more information on how arbitration can be tailored to fit your dispute, visit JAMS Arbitration.