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Commercial Arbitration And Settlement: Empirical Insights Into The Roles Arbitrators Play, Thomas Stipanowich, Zachary Ulrich Dec 2013

Commercial Arbitration And Settlement: Empirical Insights Into The Roles Arbitrators Play, Thomas Stipanowich, Zachary Ulrich

Thomas J. Stipanowich

A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation of the College of Commercial Arbitrators, reflects the growing professionalization of commercial arbitration, increasing competition for cases, and many other trends in arbitration practice. It also shows that a grower percentage of arbitrated cases are being settled prior to award or to the start of hearings, and offers a strong rationale for greater emphasis on the role of arbitrators in setting the stage for or facilitating settlement. Early settlement of a dispute can be a uniquely effective way of minimizing cost and cycle time ...


Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare Dec 2013

Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare

Thomas J. Stipanowich

As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from ...


Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich Dec 2013

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich

Thomas J. Stipanowich

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration and ...


National Roundtable On Consumer And Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report, Thomas J. Stipanowich, Nancy Walsh, Lisa Blomgren Bingham, Lawrence R. Mills Apr 2012

National Roundtable On Consumer And Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report, Thomas J. Stipanowich, Nancy Walsh, Lisa Blomgren Bingham, Lawrence R. Mills

Thomas J. Stipanowich

This report is a summary of the discussions at the Consumer Arbitration Roundtable held at Pepperdine University on February 2-4, 3012 and co-sponsored by Pepperdine School of Law, The Straus Institute for Dispute Resolution, and Penn State University, Dickinson School of Law. It was prepared by members of the Planning Committee.


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.


Lincoln's Lessons For Lawyers, Thomas J. Stipanowich Dec 2009

Lincoln's Lessons For Lawyers, Thomas J. Stipanowich

Thomas J. Stipanowich

Professor Stipanowich discusses lessons lawyers can learn from Abraham Lincoln.


Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich Dec 2008

Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich

Thomas J. Stipanowich

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation - extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. Paradoxically, concerns about the absence of appeal on the merits in arbitration have caused some to craft provisions calling for judicial review for errors of law or fact in awards. It is time to return to fundamentals in American arbitration. Those who seek economy ...


The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich Dec 2006

The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich

Thomas J. Stipanowich

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains "aimless, meandering, and . . . confusing." The "penumbra" of arbitration law - a body of judicial decisions involving application of federal or state arbitration statutes to processes that are to one degree or another different from "classic" arbitration, or to the interface between arbitration and earlier stages in multi-step dispute resolution processes - reflects the failure of courts to articulate clear and well-reasoned approaches to the new generation of dispute resolution tools. The application of arbitration law entails a variety of specific legal consequences affecting many different ...


Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich Dec 2003

Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich

Thomas J. Stipanowich

In the past quarter-century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale ...


The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich Dec 1991

The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich

Thomas J. Stipanowich

This article is part of a symposium entitled “Emerging Alternative Dispute Resolution Systems” and discusses Professor Stipanowich's experience helping to establish a court-connected community mediation program. The article includes extensive discussion of the practical, legal and ethical issues associated with such programs and includes some early case statistics.


Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich Dec 1988

Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich

Thomas J. Stipanowich

This article is part of a symposium entitled “Construction Contract Issues.” In it, Professor Stipanowich surveys contemporary judicial attitudes regarding the effect of noncompliance with procedures for handling construction claims and controversies. It also analyzes the policies advanced in support of deferring questions of "procedural arbitrability" to arbitration and proposes a straightforward rationale for judicial disposition of such issues. Although the discussion emphasizes scenarios involving construction contracts, the principles addressed in this article are applicable to commercial arbitration agreements generally and may be extended by analogy to the labor sphere.


Rethinking American Arbitration, Thomas J. Stipanowich Dec 1986

Rethinking American Arbitration, Thomas J. Stipanowich

Thomas J. Stipanowich

In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes. It also summarizes and compares data developed in earlier studies of arbitration practice and procedure and suggests possible new directions for arbitration procedures.