Wednesday, May 04, 2011

The Sad State of Dispute Resolution- Why Can't We Just All Get Along?

Where is the best venue for dispute resolution?

I guess that one way of looking at it depends on where you stand in the dispute.

Your every day average Joe figures to have their best shot in a courtroom, possibly with a sympathetic jury. Businesses tend to favor a professionally managed arbitration proceeding.

The US Supreme Court has recently announced will take up a new arbitration dispute in the fall (CompuCredit Corp. and Synovus Bank v. Wanda Greenwood, 10-948) that is in line with this way of thinking. The Washington Post reported on it earlier this week:

Supreme Court to hear new arguments over arbitration between customers and companies

Perhaps the question best asked here is not what is the best venue for dispute resolution, rather what is the best deterrent to prevent disagreements from escalating into full blown disputes in the first place?

This blog has shared some perspective on his issue, particularly as it relates to the State of Delaware, in the past (here and here).

Are there alternatives?