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Keeping Arbitration Easy, Efficient, Economical and User Friendly - Chapter 2 - AAA Handbook on Arbitration Practice

Author(s): 
Louis L. C. Chang
Page Count: 
10 pages
Media Description: 
PDF from "AAA Handbook on Arbitration Practice"
Published: 
August, 2010
Jurisdictions: 
United States
Practice Areas: 
Arbitral Process,
Practice & Procedure
Author Detail: 

Louis L.C. Chang is a mediator, arbitrator, and lawyer in Honolulu, Hawaii. Since 1973, he has worked primarily on commercial and contract matters, construction, insurance and labor and employment disputes. Reflecting the growth of ADR, his practice has increasingly involved increased service as a mediator, arbitrator, facilitator, umpire and discovery master. Mr. Chang serves on panels of a number of ADR provider organizations, including the American Arbitration Association, Dispute Prevention & Resolution, Inc., and the Federal Mediation & Conciliation Service. He also serves on the arbitration panel of the Hawaii Labor Relations Board and on the mediation panel of the federal and bankruptcy court in Hawaii.

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Description: 

Originally from: AAA Handbook on Arbitration Practice

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Arbitration is used in a broad range of circumstances and it enjoys exceptionally strong support by American courts. A general goal of arbitration is to achieve fair and appropriate resolutions of disputes with efficiency and economy. Some of the most important characteristics of arbitration are:

•    the decision maker is selected by the parties,
•    the proceedings and award are private,
•    the process is less formal than litigation,
•    legal rules of procedure and evidence do not apply, and
•    the process can be understood without formal legal training.

Arbitration is a consensual process that can be customized to suit specific circumstances and relationships. Whether governed by the Federal Arbitration Act, the 1955 version of the Uniform Arbitration Act, which has been adopted by most states, or the revised version (RUAA), which has been adopted by a handful of states (12 as of August 31, 2005), there are opportunities to shape the process to the parties’ needs. Although one party can take advantage of the other through process design, that is not advisable since it invites legislatures to act to impose constraints on certain types of arbitration, particularly those involving parties with little or no bargaining power, such as consumers and employees.