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Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

Contrary to the media bashing arbitration of employment disputes, a recent Chamber of Commerce study finds it is employees--not the companies--that benefit from arbitration. Specifically: when cases proceeded to adjudication, plaintiffs, who almost always were employees, were more likely to prevail in arbitration than in litigation. During 2014- 18, in decided cases, employee-plaintiffs prevailed in... Read more »


Most of the business disputes we mediators handle are what I call “one-shot dollar disputes,” involving parties with no continuing relations squabbling over money. This often becomes a zero sum game, with few variables that can prove useful in crafting a creative resolution. And since things usually end up in court if the parties are... Read more »

“A human element that I really savor”

The dynamic between what you do as a mediator or arbitrator vis-a-vis the lawyers is very different from the dynamic of being a judge. When you’re a judge, all eyes in the courtroom are on you. You’re the only person sitting along the wall where the judge sits, the only person sitting on a quasi-elevated... Read more »

The Value of Mediation: A Network Spotlight on US District Judge Alfred J. Lechner, Jr.

The ACC recently published an interview with FedArb Panelist Hon. Alfred J. Lechner. Read the full interview here: The Value of Mediation: A Network Spotlight on US District Judge Alfred J. Lechner, Jr.

Billion-Dollar Technology Dispute Resolved with ‘Gig Judiciary’

Outsourcing aspects of ongoing federal litigation may be the new way to effectively and fairly resolve complex litigation. Recently, litigants found themselves sparring in a complex, multi-jurisdictional antitrust case over important but outdated TV technology. The litigation expanded to so many parties (over fifty) and jurisdictions (US and overseas) that it threatened to make the... Read more »

“An important advantage of arbitration”

The result of pivotal decisions by the U.S. Supreme Court is that commercial disputes and sometimes claims by consumers are being removed from the courts and resolved by arbitration, without the benefits of jury involvement, judicial involvement, or appellate review. Since this is such an escalating trend in the overall manner in which our country... Read more »

“Hear not only what they say but what they must surely mean”

Mediation calls for different skills from those of an arbitrator or a judge. The mediator is attempting to bring the parties together and find the common ground that leads to a resolution. Mediation skills resemble the skill sets that lawyers develop. Good lawyers have to be the advocates for their clients, but they also have... Read more »

New Fast Track Arbitration

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... Read more »

Minimizing Bias in Party Appointed Arbitrators

FedArb is adding an optional provision that enables parties to select arbitrators in a three member tribunal in such a way that the arbitrators do not know which party selected them. Under this process, litigants select arbitrators as before but channel their input through FedArb so that the arbitrator does not know what party selected... Read more »

The Private Jury Trial of a Business Case

Hon. Vaughn R. Walker with co-authors David C. Wheeler and Roy J. Jimenez published an article “THE PRIVATE JURY TRIAL OF A BUSINESS CASE” about using a jury in a confidential, binding business arbitration. Vaughn Walker, a FedArb panelist, writes about the lessons of a jury trial in the context of private arbitration, including the... Read more »

Mediation & arbitration seemed a natural fit

"Leaving a Federal judicial position is not an easy decision. It’s a very good job with interesting responsibilities, unrivaled job security, and the opportunity to have a hand in sometimes important matters in society or the economy. After 21 years, however, I decided that I had seen the full range of cases I was going... Read more »

Three characteristics of a good mediator

What makes a good mediator? Faith S. Hochberg, retired federal judge and experienced FedArb mediator and arbitrator, explains. Preparation Preparation is where top-quality mediators differentiate themselves. I hear from parties and litigators how much they appreciate it when a mediator has read everything they sent and has already started thinking of approaches to spur the... Read more »

Arbitration allows a more collegial atmosphere

As a judge, you know you have to make decisions. That’s helpful for litigants; having been a judge used to deciding motions probably makes you more prepared than the normal arbitrator to grant relief when it’s appropriate, which saves lawyers a lot of time. However, you’re under less pressure as an arbitrator than as a... Read more »

Being a good mediator isn’t too different from being a good judge

Being a good mediator isn’t too different from being a good judge. You have to be able to listen. You want to hear what the parties have to say. You have to be patient and let the case unfold as the lawyers have planned, not as you have planned. You have to understand that it’s... Read more »

The three key skills for mediators

Over three decades in private practice and on the bench enables retired judge Howard Matz especially well-qualified to point out the three critical attributes for mediators: Being a good listener. It’s very critical to listen not only to the words being said but to the meaning of what isn’t being said. That’s how you form... Read more »

South China Sea dispute – what next?

Just before UNCLOS issued its July 12, 2016 decision in the Philippines’s case against China about rocks and islands in the South China Sea, FedArb Chairman Abraham D. Sofaer wrote about the ramifications, predicting that China would move “away from nuanced arguments to more rigid adherence to the regime’s position that China is sovereign over... Read more »

Three Bench Strengths

May 5, 2016 It’s helpful to have the background of having been on the bench in three respects: You have some basis for credibility when you state to the parties what you think the likely outcome is going to be in court. Chances are, you’ve heard that argument or something similar, and have seen how... Read more »

Mediation and arbitration on the rise

Mediation and arbitration on the riseMarch 7, 2016 The percentage of civil cases that actually reach trial in the Federal courts is estimated to be about 1 percent. Faith S. Hochberg, retired federal judge and experienced FedArb mediator and arbitrator, explains some of the reasons cases don't reach the trial stage: Litigation takes businesses away... Read more »

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Disclaimer   This website is not a solicitation for business. All content on the FedArb website is intended to provide general information about FedArb and an opportunity for interested persons to contact FedArb. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation. FedArb neutrals are not engaged in the practice of law and no attorney client relationship is intended. This website is for informational purposes only and does not constitute a complete description of FedArb services. While FedArb endeavors to keep the information updated and correct, FedArb makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. No guaranty is made of the neutrality of FedArb’s arbitrators and the use of the term “Neutrals” is for descriptive purposes only.