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The Case for Post-Decision Debriefing in Arbitration - Chapter 45 - AAA Handbook on Commercial Arbitration - 2nd Edition

Author(s): 
David J. Hickton
Kelly B. Bakayza
Page Count: 
8 pages
Media Description: 
PDF from "AAA Handbook on Commercial Arbitration - 2nd Edition"
Published: 
September, 2010
Jurisdictions: 
United States
Practice Areas: 
ADR,
Arbitral Decisions
Author Detail: 

David J. Hickton is a founding partner of Burns, White & Hickton LLC in Pittsburgh, specializing in civil and commercial law. He holds a B.A. from Pennsylvania State University and a J.D. from University of Pittsburgh School of Law.

Kelly B. Bakayza is the Attorney/Advisor at the Office of the Solicitor for the U.S. Department of the Interior.

 

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Description: 
I. Introduction
Alternative dispute resolution (ADR) processes are increasingly being used to resolve disputes because they are more efficient and economical than litigation. The move to various methods of ADR has revolutionized civil litigation in the United States. As one commentator has said, “Twenty years ago alternative dispute resolution was primarily the concern of a few ‘ivory tower’ academics; ten years ago it was part of the practice of a few idealistic practitioners; today it is an integral part of the practice of law.”
Despite the growth of arbitration, it is still an under-utilized option. One possible reason is that a poor experience in arbitration may be enough to taint a practitioner’s desire to use and recommend it. Another is that the limited ability to appeal an award—which many proponents view as one of its prime benefits—is a feature of arbitration that many attorneys find disquieting.
The question then becomes: What can be done to increase the likelihood that practitioners will choose arbitration? One answer is to augment the process so that it provides not only a just result, but also an understanding of the result. This is easily accomplished by post-decision debriefing.
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