Hard Data on ADR Practice

There may be some serious ADR practitioners who have not heard of Tom Stipanowich’s recent articles analyzing the results of the CCA survey on trends in commercial arbitration.  And for those few folks, I copy Tom’s note to me, along with the links:

We are pleased to announce the publication of two articles that present extensive new data on practices and trends in commercial arbitration, including results from and analysis of a groundbreaking empirical survey of perceptions and practices among experienced arbitrators.

Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals and its companion piece, Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators, will soon be published in Columbia’s American Review of International Arbitration.  However, they may now be accessed at the following SSRN links:

These articles contain new information and insights on many different aspects of commercial arbitration practice in the U.S. and in international disputes.  Topics include the habits and attitudes of business users and their attorneys; barriers to making effective choices regarding arbitration; standards for arbitrator decision making and methods of managing perceived risks in arbitration (including appellate arbitration, final offer arbitration and other alternatives); the variety of proactive approaches now employed to promote economy and efficiency in arbitration; the handling of pre-hearing motion practice and discovery; management of hearings; issues of diversity in arbitration tribunals (including the  gender and the professional background of arbitrators); perceptions of party-appointed arbitrators on tripartite panels; the dramatic growth in the ranks of self-described “dispute resolution professionals”; the education, training and credentialing of arbitrators; legal advocacy in arbitration; arbitrators and settlement; the impact of mediation on arbitration and arbitrators; the growing emphasis on early evaluation or case assessment; the impact of technology; and the insights drawn from behavioral science and “big data.”

Tom is richly informative but — it must be said — seldom concise, which is fine for us Wagnerians  As I tell my wife when I embark to Seattle or Bayreuth for a Ring Cycle, some stories take a while to tell.  And Tom and his colleagues tell this story better than anyone.  So over the holiday break, light the fire, get some cocoa, and enjoy the peerless company of Tom Stipanowich.

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