Arbitration|Conflict Resolution

How Quick Should Arbitration Be? "As Long as a Piece of String"?

Michael McIlwrath has posted an absorbing podcast that compares the expectations of lawyers and the demands of business clients.  The difference between them is not just eye-opening — it’s jawdropping.  Listen to the podcast — it’s 12 minutes — and tell me: Is there any other industry where the customer and the provider of the service have so little understanding of each other?

  1. Commercial arbitration needs to do a much better job listening to it’s clients and customers. I suspect that if the primary arbitration providers don’t address the shortcomings being felt by their users, they will soon face competition from new entrants who will. rah

  2. I am surprised that the extended time and high cost of International commercial arbitration is still so misunderstood by business leaders and parties that agree to include this process in contracts, despite a growing reportage of the reality by many organizations and individual ADR providers.
    As a professional mediator, and occasional arbitrator I have long stated that ” an ounce of mediation is worth a pound of arbitration and a ton of litigation.”

  3. I agree with you both that the perception gap seems inxplicable. But arbitrators who are concerned with an enforceable award, combined with lawyers who equate “success” with “leaving no stone unturned,” result in a nasty mixture — the result of perfectly understandable intentions!


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