Alternative Dispute Resolution
Mar. 20, 2002
Off the Bench
Although arbitration continues to receive support, it has its flaws. Aside from laws condemning unconscionable arbitration clauses in consumer contracts or excessive fees in employment agreements, counsel often dislike the absence of discovery and an inability to appeal awards on grounds of legal error. Well, these lawyers are in luck.
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."
Although arbitration continues to receive support, it has its flaws. Aside from laws condemning unconscionable arbitration clauses in consumer contracts or excessive fees in employment agreements, counsel often dislike the absence of discovery and an inability to appeal awards on grounds of legal error. Well, these lawyers are in luck. The California Constitution permits an alternate dispute resolution procedure that maintains the structure of regular litigation, permits discovery and pres...
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