The author, a New York attorney and AAA panel member, is a specialist in dispute resolution, including arbitration, mediation and fact-finding. An arbitrator since 1970, he is a member of the National Academy of Arbitrators and has served as a Special Master in United States District Court.
Professionals tend to think in terms of problem-solving as a point-to-point straight-line progression. For an engineer, it means moving from problem to design to construction to operation; for a physician, from history to consultation to diagnosis to treatment to case follow-up. For an attorney, it means receipt of a case, investigation and preparation, attempts to resolve the case, commencement of litigation, trial, judgment, enforcement of judgment. But recent thinking implicates other considerations: For the attorney, that means consideration and use of alternatives to litigation-mediation, fact-finding, mini-trial and arbitration. This article demonstrates the use of all four in one case, with a positive result: Resolution of a complex and difficult litigation.