Alternative Dispute Resolution,
Litigation & Arbitration
May 19, 2010
Arbitration: Altering the Legal Landscape
Judge Lawrence Waddington (Ret.) follows arbitration's legislative and legal developments as an alternative to litigation.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
In its quest to seek an alternative to litigation, Congress enacted the Federal Arbitration Act (FAA; 9 U.S.C.1 et seq.) in 1925. Urged by commercial interests to reduce the cost and delay of litigation, the FAA offered parties the opportunity to submit their dispute to knowledgeable arbitrators who could dispense with discovery, eliminate voir dire of jurors, and avoid preparation of jury instructions. To further replace litigation, Congress provided limited grounds for appeal.
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