Applying the goal of sustainability to dispute resolution
February 13th, 2010 | 
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[...] We also don’t include arbitration because it has become too much like litigation in many cases. It’s no longer streamlined and efficient. It often includes discovery, motion practice, hearings, presenting evidence, witnesses, briefs or memoranda of law. Arbitrations that stretch out over a year or more are not unheard of. Some lawyers have observed that arbitration is pretty much like litigation except that the parties pick (and pay for) the judge and suggest that it should no longer be included in the ADR spectrum. Like litigation, it’s not a sustainable process. [...]