Perhaps the biggest knock on arbitration* is that most arbitration resembles private litigation —both in terms of costs and in the prolonged nature of the process. FedArb is unique among arbitration firms—it requires the arbitrators to adhere to a schedule and prevents them from requesting a delay. The innovative FedArb Rule provision which addresses the problem of delays caused by arbitrators is this: Only in exigent circumstances can the arbitrator make a request directly to the FedArb administrator, who will then consult with the parties before allowing a delay. The parties can agree to a delay themselves, but the arbitrator has to go to the administrator.
To further the aim of efficiency, FedArb is also publishing a new “fast track arbitration” that severely limits expensive discovery or dilatory motion practice except in unusual circumstances.
*For a discussion of the problems of modern day arbitration, see generally, Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1000 Companies; 19 Harvard Negotiation Law Review 1. Stipanowich and Lamare.
Kennen D. Hagen
President & CEO