Thou Shalt Not Ignore Arbitration (From The Litigation Manual, P 47-56, 1989, John G Koeltl, ed. -- See NCJ-117323)

• NCJ Number: 117325
• Author(s): M H Tanick
• Date Published: 1989
• Length: 10 pages
• Sale Source: American Bar Assoc
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This paper presents 10 commandments related to the use and conduct of arbitration.

Abstract

First, arbitration should be used because of its speed, economy, and confidentiality. Second, arbitrators should be carefully selected because of their decisionmaking power and the limited right of appeal. Third, since the arbitral forum does not oust the judiciary from a role in the controversy, the judicial forum can be used to enhance the effectiveness of arbitration. Fourth, arbitrators should be given due deference by the parties, since arbitrators are largely immune from judicial review or reversal. Fifth, the parties should make use of the selective discovery available in arbitration; and sixth, they should not escalate costs. Seventh, facilities should be adequate for the number of people involved, even if the parties must give up their 'home court' facilities. Eighth, the parties should prepare thoroughly, notably in the preparation of witnesses and in acquainting the arbitrator with what is to be presented at the hearing. Ninth, the parties should understand the rules of evidence as they apply in arbitration hearings; and tenth, attorneys involved in arbitration must be attentive to their responsibilities following the conclusion of the arbitration hearing.