In July I retired from the Philadelphia Court of Common Pleas in the middle of my 23rd year on the bench and transitioned from the life of a trial judge to that of an arbitrator/mediator. The phrase “retooling, not retiring” to describe this transition was coined by a friend and colleague who preceded me in making the transition from the bench to the world of alternative dispute resolution. It is an apt description. While the types of cases we deal with may be the same—we have not retired from resolving disputes—the approach, the venue and our function are very different. Just as when we were trial judges, we are still neutrals, but now we operate in a different arena. The cases and controversies we deal with are no longer assigned to us as part of a court system; they come to us solely at the discretion of the claimants, respondents and their respective lawyers. Whether participating in an arbitration or a mediation, the parties are much more in control of the process.

If the parties elect to take their dispute out of the court system and proceed before an arbitrator, our role as the arbitrator, and the hearing we conduct, would not be that different were we to conduct a bench trial. However, in an arbitration, the parties have the added benefit of “judge shopping.” The lawyers and parties will be able to choose the person or persons they want to decide their dispute. In addition, unlike the open records requirements of the courts, confidentiality can be assured. Furthermore, the entire litigation process can be streamlined by employing cost-cutting measures tailored to the individual case. In short, the parties are freed from the procedural restrictions of the court system.

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