Originally from:
AAA Handbook on Commercial Arbitration - 2nd Edition - Hardcover
AAA Handbook on Commercial Arbitration - 2nd Edition - Electronic
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CHAPTER 45
THE CASE FOR POST-DECISION
DEBRIEFING IN ARBITRATION
David J. Hickton and Kelly B. Bakayza
I. Introduction
Alternative dispute resolution (ADR) processes are increasingly
being used to resolve disputes because they are more efficient and
economical than litigation. The move to various methods of ADR has
revolutionized civil litigation in the United States. As one commentator
has said, “Twenty years ago alternative dispute resolution was primarily
the concern of a few ‘ivory tower’ academics; ten years ago it was part of
the practice of a few idealistic practitioners; today it is an integral part of
the practice of law.”
Despite the growth of arbitration, it is still an under-utilized option.
One possible reason is that a poor experience in arbitration may be
enough to taint a practitioner’s desire to use and recommend it. Another
is that the limited ability to appeal an award—which many proponents
view as one of its prime benefits—is a feature of arbitration that many
attorneys find disquieting.
The question then becomes: What can be done to increase the
likelihood that practitioners will choose arbitration? One answer is to
augment the process so that it provides not only a just result, but also an
understanding of the result. This is easily accomplished by post-decision
debriefing.
