Alternative Dispute Resolution
Mar. 8, 2003
Lawyers Can Apply Trial Skills In Forum of Dispute Resolution
The increasing resemblance of arbitration to litigation suggests that lawyers who have mastered courtroom skills can apply their proficiency in trial practice to the alternative dispute resolution process. Under the impetus of judicial decisions, state and federal courts have invoked familiar California procedural and substantive law in responding to the challenges of arbitration practice.
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."
The increasing resemblance of arbitration to litigation suggests that lawyers who have mastered courtroom skills can apply their proficiency in trial practice to the alternative dispute resolution process. Under the impetus of judicial decisions, state and federal courts have invoked familiar California procedural and substantive law in responding to the challenges of arbitration practice. The expansion of arbitration issues has included class actions, mandamus, and declaratory and provi...