Arbitration

Working for Judge Duncan allowed Craig to observe and appreciate many aspects of deciding cases, not the least of which were Judge Duncan’s compassion for all who came before the Court, his even-handed judicial temperament, and his deep understanding of the law and its application to specific cases. Among other things, Craig learned that some cases can’t or shouldn’t be settled and simply need to be tried and decided in a clear, timely fashion. In the years that followed, Craig participated in many arbitrations, mostly as an advocate. He came to believe that the best arbitrators are those who embody these principles.

Over the last ten years or so, Craig has been asked to arbitrate a number of commercial disputes, sometimes as a sole arbitrator and other times a member of a panel. He is quite familiar with the various statutes and administrative rules that govern arbitral proceedings, and he is keenly aware of the differences between litigation, mediation and arbitration. 

Craig also understands that in most cases, the parties have agreed to arbitration with the expectation that it can be more efficient, cost-effective and timely than full-blown litigation. It is thus incumbent upon the arbitrator or arbitration panel to be hands-on from the very outset of the case, keeping the parties on track toward resolution and working with counsel to streamline the process, thereby avoiding needless discovery disputes and endless motions practice. Craig appreciates that the arbitrator’s job is get the case decided fairly, but also as quickly and efficiently as possible.