To the Editor:
Your article regarding the Minkowitz v. Israeli case, titled “Arbitrator Can’t Slide Into Role of Mediator and Then Go Back,” omits a very important part of the opinion and creates a false impression that an arbitrator can never mediate a case and then serve as the arbitrator in the same case. The opinion, on page 38, states, “Consequently, absent the parties’ agreement, an arbitrator appointed under the (arbitration) act may not assume the role of mediator and, thereafter, resume the role of arbitrator.” [Emphasis supplied.] Later, on page 45, while discussing one person serving as arbitrator and mediator regarding separate issues, the opinion states “absent a specific agreement clearly defining and accepting the complementary dispute resolution professional’s roles, dual roles are to be avoided.” The opinion thus recognizes the parties’ right to choose an arbitrator who might first try to settle the case through mediation, thereby avoiding more expensive and time-consuming arbitration.
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