A Place for Arbitration within ADR?
Presented by, Jay McCauley

Some view Arbitration as a kind of "foreign body" within the field of ADR, and understandably so. Arbitration is, undeniably, a form of adjudication.  It is like litigation in the important sense that those who resolve their disputes through arbitration are handing over control to a stranger to impose a resolution on them.  In this sense, it does not have the characteristic of strong party self-determination that is fundamental to mediation.  

How then, from a self-determination standpoint, is Arbitration any better than Litigation?  How much can arbitration be customized for parties to maximize control over the process.  And does it make sense for neutrals to look to customized forms of Arbitration to complete their dispute resolution tool set?

Thursday, January 26th, 2012

6pm - 7pm est

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About Jay McCauley

In addition to his role as Resident Professor and Arbitration Program Chair at the Werner Institute, John (Jay) McCauley has been a neutral with the American Arbitration Association since 1998. He serves on the Large Complex Case Panel and the Employment Panel of the Association, where he has arbitrated more than 100 cases, including a wide range of matters ranging from tens of millions to more than a billion dollars in dispute argued by leading advocates throughout the nation. He is an honors graduate of Harvard Law School, a former partner of a large, Los Angeles based, international law firm, a Distinguished Fellow of the International Academy of Mediators, and a Fellow of the College of Commercial Arbitrators. Jay has taught at several major law schools and has conducted workshops in commercial, international, and labor and employment arbitration, trial and appellate advocacy, and mediation. Jay also has years of experience as a trial lawyer and arbitration advocate in business, real estate, employment, and other substantive areas.