Arbitration: Survey on User Satisfaction

Abstract

Disputes are common in the construction industry. In an ever more litigious society, many of these disputes find their way to the courtroom. Alternatively, many disputes are settled through arbitration—one of several dispute‐resolution methods available. Although several surveys have been taken of attorneys who are involved in the arbitration process, none has examined the contending parties' satisfaction with the process. This paper reports on the results of a survey sent to parties who have arbitrated a dispute to conclusion during a two‐year period from 1986 to 1987. Four general areas of the survey are discussed: arbitrator qualification and performance; administrative procedures; cost of arbitration; and relative advantages and disadvantages of arbitration. Overall, our survey shows the parties to be satisfied with the process. One significant area of dissatisfaction that surfaced was that parties want to see findings of fact to understand the arbitrators' reasoning. This and other issues are discussed along with recommendations for future study.