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Protocols For Expeditious, Cost‐Effective Commercial Arbitration: Key Action Steps For Business Users, Counsel, Arbitrators & Arbitration Provider Institutions, Thomas J. Stipanowich Dec 2009

Protocols For Expeditious, Cost‐Effective Commercial Arbitration: Key Action Steps For Business Users, Counsel, Arbitrators & Arbitration Provider Institutions, Thomas J. Stipanowich

Thomas J. Stipanowich

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American commercial arbitration is at a crescendo. Much of this criticism stems from the fact that business‐to‐business arbitration has taken on the trappings of litigation—extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. While many business users still prefer arbitration to court trial because of other procedural advantages, the great majority of complaints being voiced by arbitration users are the same: commercial arbitration now costs just as much, and takes just as long, as litigation. Clients ...


Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich Dec 2009

Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich

Thomas J. Stipanowich

In the last generation the “quiet revolution” in conflict resolution has spawned a vast array of organizations sponsoring or promoting the services of arbitrators and mediators. These “provider institutions” are often in a position, directly or indirectly, to exert significant influence on the lives and fortunes of individuals in all sectors of society. For this reason they have become increasingly visible, the focus of growing scrutiny and, in some cases, regulation. This article explores the roles of providers and the need for greater awareness of their impact.