First of all, an arbitrator with an environmental background either in law or engineering or both is able to assess complicated environmental evidence using a practical approach instead of a purely legal approach to liability. Furthermore, the parties to an arbitration have the power to have the matter heard privately under confidentiality agreements which protect the environmental elements from outside scrutiny while at the same time providing a full disclosure hearing to the parties. The parties can also adapt the hearing process to their particular needs through case management by the arbitrator who is hearing the ultimate case.

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