Meaningful conferences prevent ‘arbigation’ in commercial cases

Lawyers' Forum

By Teresa F. Frisbie

Teresa F. Frisbie is the director of the Loyola University Chicago School of Law Dispute Resolution Program; a mediator and arbitrator at ADR Systems of America; a member of the National Academy of Distinguished Neutrals; and of counsel to DeGrand & Wolfe P.C.

Posted October 29, 2013 2:32 PM

A few years ago, I was at a Continuing Legal Education program and as the speaker was concluding her remarks, she glanced at the next topic on the program (which was my talk on arbitration) and blurted out to the audience, “I hate arbitration.” Arbitration, particularly in commercial cases, has become so mired in pretrial motions, discovery and extra procedural steps that it can seem indistinguishable from litigation — but without the benefit of the rules of civil procedure or evidence. This trend …

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