I want the court result for free and instantaneously.
Barring that, faster and cheaper is better.
Simply limiting discovery, counterbalanced by loosened rules of evidence, followed by allowing specialist arbiters and avoiding the multi-year wait for a court proceeding seems to be faster and cheaper. There is a small error introduced by allowing discovery of 1,000 pages of emails instead of 100,000, and by allowing hearsay or affidavits, but probably most disputes would not strictly depend on deposing a dozen people and interpreting the 23rd box of company documents.
I want the court result for free and instantaneously.
Barring that, faster and cheaper is better.
Simply limiting discovery, counterbalanced by loosened rules of evidence, followed by allowing specialist arbiters and avoiding the multi-year wait for a court proceeding seems to be faster and cheaper. There is a small error introduced by allowing discovery of 1,000 pages of emails instead of 100,000, and by allowing hearsay or affidavits, but probably most disputes would not strictly depend on deposing a dozen people and interpreting the 23rd box of company documents.