Ask the ADR Professionals: News You Can Use from the National Arbitration Forum
![handle is hein.journals/judica86 and id is 226 raw text is: ASK THE
ADR PROFESSIONALS
News You Can Use from the National Arbitration Forum
These responses to current inquiries are pre-
pared by the professional staff of the Forum to
assist judges and judicial administrators in
taking jll advantage of ADRs benefits to
the Courts.
hose 0] us who work with judges know
that mediation and arbitration are
modern civil justice developments that
greaty benefit our judicial system. What is the
feedback from judges around the country?
The growing use of ADR requires all
of us involved with civil disputes to stay
current with legal developments and
successful programs. It is critical that
parties and the public, in addition to
judges and lawyers, become aware of
their choices and what courts are man-
dating or suggesting parties do before or
after litigation ensues.
What was formerly known as alter-
native dispute resolution has become
the preferred way many parties, lawyers,
and judges use or recommend to resolve
civil problems instead of litigation. The
two most common ways, to solve dis-
putes are mediation and arbitration.
Judges view these two approaches as
being able to provide fair and affordable
alternatives to ongoing litigation. Law-
yers understand that these methods
either provide their clients with a
prompt compromise or a final resolu-
tion of their dispute. Parties realize they
save a lot of time, money, and anxiety
by mediating or arbitrating.
The past decade has seen enormous
advances in the use of mediation and
arbitration. Arbitration has developed
into a highly efficient and economical
way to provide civil justice to all. Large
claims and small claims can now be
easily and inexpensively arbitrated, pro-
viding parties with a decision on the
merits of their case without them
having to compromise. National organi-
zations including the National Arbi-
tration Forum, JAMS, and the
American Arbitration Association
have developed affordable and effec-
tive arbitration procedures and hearings
that meet the needs of the disputing
parties.
Businesses are paying the costs of
arbitrating consumer and employee dis-
putes. Corporations are using arbitra-
tors to resolve their differences, with-
out having to involve judges in complex
or complicated legal problems.
The Federal Arbitration Act and
state arbitration acts comprise the en-
abling legislation to enforce arbitration
awards in every state in America
through a confirmation process
brought by the winning party. Federal
and state court judges oversee the
fairness and propriety of these process-
es through confirmation and motion
proceedings.
Mediation is increasingly used by
parties before and after filing a lawsuit.
A growing number of courts are requir-
ing parties to mediate before trying a
case or explain why mediation would be
ineffective. The result in these jurisdic-
tions is that repeat litigation players,
including plaintiff lawyers and insur-
ance companies, suggest mediation if
settlement efforts fail before a lawsuit is
commenced. Another effect of manda-
tory mediation is that parties are more
likely to use mediation before incurring
discovery and motion costs and lawyer
fees, making the pool of settlement
money larger. Mandatory mediation
that occurs just before trial settles those
remaining cases that ought to have
settled earlier.
There was a time not so long ago
when judges may have had some seri-
ous concerns about parties using these
methods. It is now widely recognized
that mediation and arbitration benefit
all participants in the civil justice sys-
tem, including the judiciary. Judges no
longer have the time it takes to settle
cases for parties. Highly experienced
and skilled mediators can do that for
parties. Arbitrators act as public magis-
trates in conducting arbitrations. The
arbitration rules and arbitrator awards
are subject to review by courts. Media-
tion and arbitration together save judg-
es the time and energy better devoted
to the criminal and juvenile cases and
those civil cases that cannot be resolved
by ADR.
W j{B NATIONALARBITRATION FORUM
A R BI T R ATIO N F 0 R U M c 0
ADVERTISEMENT
National Arbitration Forum
arbitrators and mediators
serve on-line and in
person throughout the in-
dustrial world. For more
information on the facts
about ADR, visit our new
Judicial ADR Resources
section on ARBITRATION-
FORUM COM or call 877-
655-7755.](ViewImageLocal?handle=hein.journals/judica86&div=70&collection=&method=preview&ext=.png&size=3)
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Ask the ADR Professionals: News You Can Use from the National Arbitration Forum
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