Here’s another comment, this one by Cliff Palefsky, a San Francisco lawyer with a substantial arbitration practice.
Regulation is the price you pay for the elimination of true consent. As the National Academy [of Arbitrators] said, “without volunariness, arbitration lacks moral and legal justification.” Statistics in the end are meaningless. Anyone who truly loves the concept of ADR must speak out for true volunatriness.
Everything else is a rationalization attempting to justify an oppressive and discredited practice.
Last 5 posts by Art Hinshaw
- Kim Knight Stepping Down at the ABA DR Section - September 1st, 2010
- Negotiation Ethics for Real World Interactions (Part II) - August 31st, 2010
- Negotiation Ethics for Real World Interactions - August 29th, 2010
- Last Call - Proposals for the ABA DR Section Conference - August 27th, 2010
- Request for Proposals - 2011 AALS ADR Section Works-in-Progress Conference - August 19th, 2010
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