More and more contracts in the construction industry include arbitration clauses placing within the jurisdiction of a third, impartial person the settlement of any dispute arising under the agreement. Arbitration offers a private adjudication of a dispute in an atmosphere as close to that of an ordinary business meeting as possible. Thus, arbitration is truly the businessman's forum, where experts lend their services to further the interests of their industries. The American Arbitration Association reports that the number of cases has increase steadily each year. The Association, however, takes no part in determining a case. That is solely the function of the arbitrator. Rather, the AAA serves only in the capacity of administrator, setting up the hearings, maintaining a smooth flow of correspondence between the parties, and supplying rules and standards of procedure. Because the AAA has region offices across the country, it is able to afford a convenience in adjudication a case that executives in the construction field welcome. Cases are served through the branch offices, but a hearing may take place in any suitably located meeting place. These hearings are conducted informally and with an air of amiability. Disputants tend to cooperate in arbitration. And because of the ease and speed thus afforded by this voluntary tribunal, companies gain another important advantage- company funds which in a court proceeding may be tied up over months or even years are made quickly available with the arbitrator's final, binding decision. Arbitration has long had the approval of judges and lawyers who see in it a relief for the crowded courts. However, it must not be assumed that arbitration is a panacea for all kinds of disputes. Issues which turn on unsettled questions of law had best be left to the courts. But the many other disputes arising over technical questions and trade practice may be settled expeditiously and finally through arbitration, for in arbitration there is virtually no appeal except where a vital procedural error has occurred.
