Originally from Dispute Resolution Journal

The conflict between IBM and Fujitsu involved hundreds of millions of dollars along with complicated computer-programming issues that had profound implications for the two companies and their customers. Its resolution demonstrates that arbitration can do more than declare a winner and a loser (or split the difference) on the basis of partisan presentations. The author and his co-panelist involved the parties and their counsel in designing a process that would create value by carefully probing the underlying interests of each party.