Originally from Dispute Resolution Journal

In this essay, long-time arbitrator Richard Mittenthal discusses the path arbitration seems to have taken in the U. S. over the last few decades. Nearly a half-century ago, he contends, the field of arbitration was at the crossroads of two influential schools of thought, established by J. Noble Braden and George Taylor. Braden's arbitration model seemed to emulate the court system in some respects, he says, while Taylor's envisioned a more creative role for neutrals. The author concludes that the Braden model has prevailed.