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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
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 and counsel often …
Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich
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.
Lincoln's Lessons For Lawyers, Thomas J. Stipanowich
Lincoln's Lessons For Lawyers, Thomas J. Stipanowich
Thomas J. Stipanowich
Professor Stipanowich discusses lessons lawyers can learn from Abraham Lincoln.
Arbitration: The "New Litigation", Thomas J. Stipanowich
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 …