Introduction - Chapter 1 - Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.
§ 1:01 GENERALLY
In arbitration, the parties submit a dispute to impartial persons referred to as arbitrators. The arbitrators are selected by the parties to hear the dispute and to render a final and binding decision.1 The object of arbitration is to resolve an entire controversy out of court without the formality and expense normally associated with the judicial process.2 In the absence of a statute or regulation requiring arbitration, arbitration is a matter of contract, and a party cannot be forced to arbitrate any claim the party has not agreed to submit to arbitration.3
§ 1:02 ADVANTAGES AND DISADVANTAGES OF ARBITRATION
Properly structured and used, arbitration can provide a prompt and efficient method for resolving disputes without the expense, delays, or complications inherent in litigation. Frequently, arbitration can resolve disputes more quickly than the courts can. Arbitration can function at lower cost than litigation.4 The informality of arbitration is capable of promoting goodwill in dispute - allowing a long-term relationship to continue.