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Thomas J. Stipanowich

Agreements

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Arbitration: The "New Litigation", Thomas J. Stipanowich Dec 2009

Arbitration: The "New Litigation", Thomas J. Stipanowich

Thomas J. Stipanowich

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider criticism. Once advocates promoted arbitration as a means of avoiding the contention, cost and expense of court trial; economy, efficiency and the opportunity to fashion true alternatives to litigation are still associated with conventional perceptions of arbitration. Yet today business arbitration is …


Contract And Conflict Management, Thomas J. Stipanowich Dec 2000

Contract And Conflict Management, Thomas J. Stipanowich

Thomas J. Stipanowich

Despite the widespread use of mediation and other dispute resolution processes in the United States today, many members of the bench and bar - including those responsible for the drafting, interpretation and implementation of consensual dispute resolution provisions still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. Transactional lawyers, those in the best position to offer advice and counsel in the structuring of contractual conflict management options, tend to be less well informed than colleagues in …