In The News: Software Helps Attorneys Evaluate Arbitration Cases

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CaseXplorer Arbitration provides insights into mediation and settlement options
Karen Jalkut and Jeffrey Zaino
December 9, 2015

The American Arbitration Association (AAA) and DecisionQuest, the nation’s leading litigation consulting firm, have created online tool CaseXplorer Arbitration, a cost-effective alternative to in-person mock arbitrations to evaluate your arbitration case. It enables users to receive an objective evaluation of their arbitration cases from experienced arbitrators not associated with their cases.

Through CaseXplorer Arbitration, attorneys can get insights into how arbitrators are likely to view a particular matter, specific issue and argument. Managed totally online, Case­Xplorer Arbitration provides the perceptions and opinions of arbitrators, which can help you shape your case strategies, or lead to settlement. CaseXplorer Arbitration allows attorneys and businesses to take a step back from their case and get vital information on the strengths and weaknesses of their dispute. Attorneys use CaseXplorer Arbitration to clarify case issues; focus their arbitration strategy; obtain a reality check on the value of the case; and gain insights into mediation and settlement options.

“Mock” arbitrations and case research/evaluations have been used for a number of years, and many arbitrators have served as mock arbitrators or case evaluators at the request of parties or counsel where they are presented with a live arguments or evidence. Case­Xplorer Arbitration, which can be used either before arbitration has begun or while the actual arbitration is pending, is managed simply and exclusively online. The online process involves the following steps:

• The user selects (by keyword, expertise and locale) a panel of three or five AAA evaluative arbitrators available for CaseXplorer Arbitration.

• The user provides these arbitrators with a set of facts, legal arguments and questions, either user-drafted or created by CaseXplorer Arbitration consultants who will remain available throughout the process to assist. Document and videos may be provided to the evaluative arbitrators to review.

• Then, within three to four days, the user receives each arbitrator’s responses to the questions posed.
Through CaseXplorer Arbitration, a party can gain valuable insights into the strengths and weaknesses of their case from evaluative arbitrators, which can be helpful in focusing strategy, clarifying expectations or even facilitating settlement.

Pricing for CaseXplorer Arbitration is available for three arbitrators and for five arbitrators, and is a fraction of the cost of an in-person simulated arbitration that can cost more than $200,000. The price includes all administrative aspects of using the tool, the completed reports and the payment to the arbitrators.

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