1. Arbitration has become a hot topic lately, especially in legal and political circles. The U.S. Supreme court has been issuing arbitration-related decisions almost every term for several years. And national and state legislation has been proposed limiting the right to arbitrate in certain types of disputes by opponents who argue that arbitration is so flawed as to constitute a “denial of justice”.
2. While there may be policy arguments against arbitration in consumer or employment claim situations, in every type of dispute, it is important that the resolution process fit the problem. The decision of whether to arbitrate a construction dispute should be made like any business decision: weighing costs, risks, benefits and return on investment, based on reliable data about the dispute resolution options available. Such an important decision should not be made based on misinformation, personal intuition, limited experience, or habit.
3. A business that frequently encounters or often needs to pursue complex claims would prefer to resolve those claims as efficiently, cost effectively, and quickly as possible without sacrificing fairness and due process. The question arises, though which process, litigation or arbitration better serves these goals?
12:00 PM - 12:05 PMIntroductionPatricia H. Thompson, Philadelphia, PA
12:05 PM - 12:15 PMWhat is meant by “arbitration”?Patricia H. Thompson, Philadelphia, PA
12:15 PM - 12:25 PMShould there be a right of appeal?Patricia H. Thompson, Philadelphia, PA
12:25 PM - 12:32 PMDoes arbitration take as long as litigation?Patricia H. Thompson, Philadelphia, PA
12:32 PM - 12:40 PMConcerns that arbitration is as expensive as litigationPatricia H. Thompson, Philadelphia, PA
12:40 PM - 12:50 PMThe final hearingPatricia H. Thompson, Philadelphia, PA