Straus Institute Academic Director Thomas Stipanowich reports:
The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate and discussion on many current professional issues. We are presently writing these up.
The first fruit of these studies is the just-completed article Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, which leads off the new Penn State Yearbook on Arbitration and Mediation. The role of arbitrators in setting the stage for settlement has received relatively little attention despite the fact that, as our survey shows, the rate of pre-award and pre-hearing settlement is increasing. Moreover, different arbitrators are experiencing very different rates of settlement and have different attitudes toward their roles in settlement. However, the survey shows that many arbitrators are engaged in activities that have an impact on settlement.
The survey may be download here.