"Whats Happening" September 14th, 2010
How to Make Arbitration Work for Your Business
Phillip J. Loree Jr.- On September 1, 2010 Gina Passarella of the Philadelphia Legal Intelligencer published an excellent article entitled, "Litigators Losing Love of Arbitration Argue for Trials." She quotes prominent, Philadelphia-based litigators, all of whom were critical of arbitration as a supposedly speedy and less expensive alternative to adjudication. On the same day Ms. Passarella's article was quoted and elaborated upon in Ashby Jones' article in the Wall Street Journal Law Blog entitled, "Has Arbitration Become More Burdensome than Litigation?" Both articles were tweeted and retweeted about on Twitter, and posted in certain LinkedIn groups.
The criticism of arbitration expressed in these articles is not new. For years people (including I) have said that arbitration can be as expensive or more so than litigation. People have repeatedly complained about how arbitration has become more like "arbigation," and how Federal Arbitration Act satellite litigation has proliferated. Or they criticize arbitrators for substituting rough justice for reasoned, legal analysis. And so on.
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SPECIALIZED MEDIATION – GENERATING OPTIONS AND PROTECTING THE RIGHT TO CHOOSEA SUMMARY REVIEW OF SPECIALIZED MEDIATION
Audra Bayer- One of the main advantages of the legal system is its structure, its predictability and, some would argue, its certainty. This not only refers to stare decisis but also to the legitimacy and structure of process.
One of the main disadvantages of the legal system is its structure – the structure of process, the procedural and substantive constraints of a formal adjudicative system. One size does not necessarily fit all. Enter alternative dispute resolution processes: mediation, arbitration, negotiation and many various hybrids.
These processes by definition are alternatives to the legal process. They are also adjuncts to the legal process in as far as at times they operate as court-connected processes or alternatively, are used in concert with the legal process e.g. a lawyer may refer clients to mediation which, if successful, produces an agreement for review by the lawyer, failing which the lawyer simply picks up where s/he left off in the process.
Jason Dykstra- Remember the time when we...? So the other day I was... Well I grew up in... We all tell stories, constantly. If you are explaining something to another person, you are more then likely going to explain it with an example. A story. Everyone has a story to tell.
...This for me is the exciting thing about mediation. Two (or more) people sitting in a room and telling each other stories. Stories that are trying to find an ending. Stories that are in medias res (in the middle of) and searching for a conclusion.
Jeff Thompson- Recently, my friend's four-year-old had a preschool classmate over for a play date. All was copasetic until his pal grabbed a much-loved toy helicopter and took off across the living room... 1) Make a Plan
If talking doesn't work, break all the toys.
If talking doesn't work, break all the toys.
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