Originally from Dispute Resolution Journal

Is a timebomb ticking for arbitration? The question may sound unnecessarily alarmist given the growth and promotion of arbitration. Yet, the question should not be dismissed out of hand. Although we know much about arbitration and its role in dispute resolution, there are also important things that we do not know. Such lack of knowledge is a timebomb. Among the more important gaps in our knowledge are participants' basic perceptions of arbitration and arbitrators. Learning about such information could be crucial if arbitration is to continue on a sound foundation.

For instance, what if we were to find out that many participants—legal representatives, union and management officials, employees—believed that arbitration did not dispense industrial justice or that it should not be continued as the preferred method of resolving disputes? Failure to take into account such findings would ultimately be self-defeating. Failure to recognize that we have not asked the questions that might result in such findings is myopic. I do not predict the result of the research, but rather cite the need for the research. Is the timebomb a dud, or will it explode in the future? Surety, all those involved in or affected by arbitration have a stake in seeking the answer.