PIcArbs Arbitrations are less expensive than litigation because they involve:
- No court fees
- Lower hourly rates
- e-filing, e-service & paperless hearings
- Neutral Evaluation
- No costs budgeting costs
- Fewer case management hearings
- No court inefficiencies and adjournments
- No “trial windows” - fixed hearing dates
- Cooperation saves time and money
For a detailed estimate of the average costs savings click here.
Funding and Assessment of Costs:
Claimants enter LASPO conditional fee agreements. ATE premiums are not recoverable from the losing party save in clinical negligence claims. The costs of assessing costs are much reduced. Parties can arbitrate the costs through CADR (the costs mediation/arbitration service) or issue a part 8 application and ask the courts to assess the costs.
What if Fixed Costs are imposed on the Intermediate-track?
The proposal to extend fixed costs in civil litigation into the “intermediate track” drives parties towards arbitration. The proposed fetters on evidence are damaging to justice.
The costs in PIcArbs arbitrations will be fixed at no more than the fixed costs imposed in civil litigation.
Lawyers in arbitrations focus their energies on gathering evidence and co-operating. Whereas in civil litigation legal costs are wasted on multiple permission applications; case management hearings; avoiding being struck out for default; old fashioned paper based filing and service; taking procedural points; waiting around at court and on grossly wasteful “trial windows” and court delays.