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Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey

Journal of Dispute Resolution

Both state and federal court systems are swamped with litigants. This fact is so widely recognized, repeating it almost seems unnecessary. Courts experiment with a variety of approaches just to pump some of this litigious bilge into alternative forums for resolution. The state of Hawaii sought to lighten its overburdened docket with a Court Annexed Arbitration Program.2 It provides for mandatory submission of certain tort claims to arbitration.' It is non-binding and either party may obtain a trial de novo at its conclusion.4 However, to do so is not without risk. Pursuit of a trial de novo gambles not only …