{"id":1721,"date":"2016-05-30T12:42:48","date_gmt":"2016-05-30T16:42:48","guid":{"rendered":"http:\/\/businessconflictmanagement.com\/blog\/?p=1721"},"modified":"2016-06-30T13:30:29","modified_gmt":"2016-06-30T17:30:29","slug":"arbitration-primer-for-litigators","status":"publish","type":"post","link":"http:\/\/www.businessconflictmanagement.com\/blog\/2016\/05\/arbitration-primer-for-litigators\/","title":{"rendered":"Arbitration Primer for Litigators"},"content":{"rendered":"

The Dispute Resolution Section of the New York State Bar Association, under the Chairmanship of David C. Singer<\/a>, has published a dandy 23-page booklet<\/a> to introduce lawyers accustomed to the courtroom to the intricacies and nuances of representing a client in arbitration. \u00a0as the Introduction notes:<\/p>\n

It is a common misconception among litigation attorneys that any attorney who has represented a client in court is completely prepared to represent a client in domestic arbitration. \u00a0[In fact] the differences between these processes are significant, and could easily prove to be traps for the unwary.<\/p><\/blockquote>\n

<\/p>\n

Brief and pithy essays are then provided by some of the leading lights of arbitration practice: \u00a0Peter Michaelson<\/a> on selecting arbitrators, Paul Bennett Marrow<\/a> on issues of arbitrability, Barbara Mentz<\/a> on conducing a preliminary conference, John Wilkinson<\/a> and discovery, Geri S. Krauss<\/a> on conducting evidentiary hearings, and so on.<\/p>\n

This is exactly the kind of service that a bar association’s ADR section should be rendering to its fellow attorneys. \u00a0Its brevity is very welcome. \u00a0Its utility is, as it states, to alert litigators out of their slumber and prompt them to hone skills that are uniquely suited to the curious forum that is private arbitration.<\/p>\n

In his book Hooray for Yiddish!<\/em> Leo Rosten defines a mitzve<\/em> as a kind, considerate deed that reflects the will of the divine. \u00a0His illustration is a policeman who, in persuading a despondent man not to drown himself in the Sea of Galilee, pleads with him: “If you jump I will have to go in after you. \u00a0I can’t swim. \u00a0I have a wife and two children. \u00a0Don’t be so selfish! \u00a0Perform a real mitzve<\/em>. \u00a0Go home, and in the peace and comfort of your own home, hang yourself.”<\/p>\n

In this spirit I urge upon the reader that buying about 50 copies of this pamphlet and distributing one to every litigator you know would be “a real mitzve<\/em>.”<\/p>\n","protected":false},"excerpt":{"rendered":"

Excellent primer on arbitration, aimed at litigators<\/p>\n","protected":false},"author":3,"featured_media":1760,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[20,38,27],"class_list":["post-1721","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-arbitration","tag-arbitration","tag-lawyers","tag-teaching"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t