Is there a way to stop feeding the monster? It’s clear that both globally and in the U.S., arbitration and “ADR” have defeated the goals of Faster, Cheaper, Better. See, e.g., ABA Journal (April 2010) “International Arbitration Loses Its Grip“. Any ideas on how to fix it? We need a system that works for clients–we already know it “works” for outside law firms–in business-to-business disputes. Why not have contract clauses that, regardless of the amount at stake, stipulate to one (1) panelist and require a decision in six (6) months?
Arbitration: Did it get as bad as the disease?