News
As arbitration has grown from a little-used alternative to litigating smaller matters, to a tool now regularly used to settle disputes of $100 million or more, many wonder what implications this growth has for its future. "All this growth has brought us to a real crossroads in the life of large-case arbitration. What lies in arbitration's future is completely dependent on how well we deal with a highly significant result of this growth — the ever-increasing complaint that arbitration is becoming too much like litigation," says John Wilkinson, a mediator with JAMS, The Resolution Experts (New York). Fortunately, says Wilkinson, the core ethos that drives the arbitration community means that, as the use of arbitration grows, it will be able to address the challenge it is simply litigation in another guise. "Arbitrators have the tools to strike the right assertive tone to ensure cases are resolved much less expensively and in much less time than if they had been litigated in court. At the same time, arbitrators know they must be sufficiently patent and restrained to ensure that there is enough of a process — especially discovery and review of evidence — to permit a fair result," says Wilkinson. His article, which outlines how the future of arbitration will address the challenges raised by recent growth, is available for publication. [03/20/2008]
Channel: Jaffe Legal News Service - Articles for Publication
| Copyright © 2004-2006 AskQ | Web Hosting by cHosting.com |