Law360, New York (November 17, 2015, 3:47 PM EST) -- Construction arbitration can be just as expensive and time-consuming as litigation. Why? Because construction cases usually involve complex technical issues with lots of documents. Knowing that, it only makes sense for a party facing a construction arbitration to settle the case by negotiation and mediation; but, if that is not possible, to thoroughly and candidly evaluate the prospects of achieving a good outcome in arbitration. Even the most competent and experienced construction lawyers have great difficulty in putting their biases aside in trying to determine how an independent and impartial arbitrator would decide the case. So, assuming that settlement is not likely, how does a party go about trying to assess the prospects of winning or losing — before going to arbitration?...