Alternative Dispute Resolution,
Litigation & Arbitration
Nov. 6, 2013
Returning arbitration to its roots
The time has come to rethink arbitration in order to retain the merits of an expeditious and inexpensive method of dispute resolution.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
The examples in Part 1 of this series (Oct. 31) illustrate the boundaries of substantive contract law in arbitration have not survived the intrusion of collateral litigation issues and personal changes in the dynamics between disputing parties. In any kind of adhesive contract unilaterally prepared without negotiation, an arbitrable resolution does not always fit the parameters of arbitrating a commercial document negotiated by the parties. Courts have refused to enforce "unconscionable" a...
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