Kluwer: Mock Arbitrations: The Illusion of Preparation

This is the first of two articles examining how parties prepare for high-stakes arbitration. Here we argue that the mock arbitration — the dominant preparatory tool in practice — suffers from structural deficiencies obscured by its widespread acceptance. The second article asks why this practice has persisted; the answer, we suggest, lies in a sophisticated market where both providers and buyers have rational reasons to maintain the status quo.