This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Alternative Dispute Resolution

Jan. 8, 2011

Arbitration, No Longer a Clear Cut Choice

The current state of arbitration leaves its participants to contemplate just where and when unintended results will occur.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

Two recent California cases unanimously decided by the 2nd District Court of Appeal, Division One (each by the same panel), make it clear that when selecting arbitration as the alternative dispute resolution (ADR) process of choice, the outcome is not always certain, leaving its proponents to contemplate just where and when unintended results will occur. Laswell v. AG Seal Beach LLC et al., 2010 DJDAR 17142 (Nov. 9, 2010) and Greenspan v. LADT LLC, et al., 2011 DJDAR 43 (De...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails