The American Arbitration Association (AAA) has undertaken a number of reforms to the dispute resolution process, engendered by the 'quiet revolution' of alternative dispute resolution (ADR) and its impact upon traditional arbitration mechanisms. This paper appraises the procedural changes which...

Despite the widespread use of mediation and other dispute resolution processes in the United States today, many members of the bench and bar - including those responsible for the drafting, interpretation and implementation of consensual dispute resolution provisions still lack a fundamental...

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial decisions involving application of federal or state...

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation -...

Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilogy,” the U.S. Supreme Court aggressively expands the “revealed” penumbra of substantive arbitration law under...