Editor’s note: This article describes a hypothetical situation.
ADR
Having read so many cases on the “policies favoring arbitration,” Bob has several mantras he mutters to anyone who will listen. (A shrinking audience.) One mantra: Parties have a right to take an immediate interlocutory appeal from a trial court order that refuses to compel arbitration. As Bob explains, arbitration is supposed to save money, time and effort. Accordingly, the appellate process should not impede an arbitration from going forward. A policy favoring arbitration should not allow a party who seeks arbitration to await a final order in litigation before the party can seek to overturn a trial court order refusing to compel arbitration. Even if the party wins the appeal and establishes its right to arbitrate, it is far too late to take advantage of the speed, economy and simplicity of the arbitration process.
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