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Describe three ways that advocacy in arbitration differs from advocacy in litigation? Each difference should be described in no more than two sentences.

In litigation, a plaintiff might prefer court over arbitration when:

Arbitration awards are:

When parties cannot agree on arbitration procedure details to supplement a vague arbitration clause, how do those procedural details get decided?

Under the Federal Arbitration Act, what legal status does an arbitral award have once it is confirmed by a court under Section 9?

In arbitration, equitable arguments are:

Section 2 of the Federal Arbitration Act provides that:

Arbitration is often faster than litigation because

Two adult siblings are mediating a dispute about how to divide family possessions after their parent’s death. The mediator invites each to share their emotional attachments to various items and asks questions to explore deeper values—like fairness, family legacy, and sentiment. As one sibling insists on keeping a piece of jewelry because “Mom always promised it to me,” the mediator gently asks, “If we imagine an outcome that both of you could explain with pride to your children someday, what might that look like?” This prompts a shift in tone, and the siblings begin considering more collaborative solutions. Would you describe the mediator’s approach as facilitative, evaluative, or a mix of both? Why?

One key reason mediation is less costly than litigation is: