|Jottings By An Employer's Lawyer|
Wednesday, March 05, 2003
Arbitration - Getting More Scrutiny from the Courts
It appears that we may be entering a new era of arbitration jurisprudence. Even though the concept has been reaffirmed, and is if anything more frequently being used, rather than less litigation about arbitration, we are going to have more. The difference is it will now focus on contract formation, program content, integrity of the process (both actual and perceived) and standards for reviewing decisions. Undoubtedly one of the things lost, or at least diminished, will be the benefits of quicker, cheaper final determinations. Jottings (2/27/03)
Whether this is temporary or a transition to a different form of dispute resolution remains to be seen. It does at least make me think that lawyers who are concerned about the diminishment of the role of the jury, regardless of what you think of their own self interest, have more of a point than I have been giving them.