An Alternative To the not-ready-for-the-Year-2000 Court System - Dispute Resolution Journal - Vol. 53, No. 4
John L. Reed
Richard K. Herrmann
The authors are attorneys with the Wilmington, Del., office of Blank Rome Comisky & McCauley LLP, and are members of the Technology Committee of the American Arbitration Association, as well as Blank Rome’s Year 2000 Practice Group.
The potential problems for business owners because of so-called Y2K disputes are grave and very broad. The authors here describe the nature of the problems, the litigation options, and the ways in which ADR can come to the rescue.
There are a number of commercial disputes that simply do not belong in the overcrowded and very public court system. These include, for example, labor and construction claims, which are more appropriately resolved through alternative dispute resolution (ADR). ADR, such as arbitration and mediation, has many advantages, the most obvious of which are cost and time savings. ADR appears perfectly suited to resolving the wave of claims that are guaranteed to arise out of the looming year 2000 computer crisis. With few legal precedents and no guarantees of how the courts will decide the issues raised by the crisis, we must ask ourselves the following question: Do businesspeople want to invest resources litigating into the next millennium or do they want to focus their attention and money on making their businesses successful in the next millennium? There is a choice.