Arbitration, the original alternative dispute resolution process, has lost some of its luster. Many blame lawyers. It’s time to move past that and do something about the problem.
Commercial arbitration as we know it today grew out of a practice in certain trades of using disinterested business people to resolve disputes. Those in the garment industry thought it better to have someone knowledgeable about fabrics decide disputes between a dress manufacturer and her fabric supplier. Diamond dealers and jewelers in New York’s “Diamond District” call upon someone from their industry to resolve disputes, not a judge. Likewise, the construction industry has a long history of using arbitrators well versed in construction to resolve disputes.
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