Arbitration, love it or hate it, it’s here to stay. The real question for any business is whether arbitration can be used intelligently, as part of a well-considered dispute resolution program. The author offers an outline of how to construct such a program.
The business and legal communities are divided between those who embrace arbitration and those who abhor it. Arbitration boosters point to the advantages of arbitration and suggest that every business could benefit from its use. Arbitration haters point to problems with the process and suggest that these problems cannot be avoided.
Is there a middle ground? Indeed, there is. Even the most fervent advocates of arbitration must recognize its limitations and potential problems. Similarly, the most ardent arbitration opponents must admit that arbitration can be effective for certain purposes and in certain circumstances, and that it is possible (with careful planning) to avoid many of the negatives sometimes associated with arbitration.