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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.
Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich
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 …
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
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 …
'Real Time' Strategies For Relational Conflict, Thomas J. Stipanowich
'Real Time' Strategies For Relational Conflict, Thomas J. Stipanowich
Thomas J. Stipanowich
The emergence of mediation and other informal approaches for the efficient, effective resolution of conflict represent opportunities for “thin-slicing” that are revolutionizing public and private dispute resolution. They are also challenging the primacy of litigation and arbitration with their emphasis on extensive information exchange and weighty procedure. Today, more and more disputants and counsel are recognizing that less is usually more—especially when the emphasis is on maintaining relationships or relational systems. The need for speedy and effective intervention has promoted the evolution of a wide range of strategies in very different relational settings, from integrated conflict systems in the workplace …