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Advantages of Arbitration Over Litigation - Reflections of a Judge

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Title: Advantages of Arbitration Over Litigation - Reflections of a Judge
País: USA
Idioma: English
Fuente: Fuente: National Academy of ArbitratorsFuente: National Academy of Arbitrators
Reseña: My basic message to you today is actually quite simple. It isthis: If I were employed in ajob from which I could be fired, andif I did get fired and had a right to challenge my discharge in aforum of my choice, / would rather be in arbitration than in court.Having served as an arbitrator and as a judge, and havingworked as an advocate in each forum, I am now of the view thatarbitrators are nonpareil as judges in a wide variety of casesinvolving personnel and labor relations matters. I concede thatwhat I am saying is merely impressionistic and is born out of myown professional experiences. Nevertheless, I would like to pursuemy thinking with you, albeit briefly, both to discard certainideas to which I have previously subscribed and to raise somequestions and suggestions for your digestion. Along the way, Iwill attempt to explain the bases for my impressionsMy basic message to you today is actually quite simple. It is this: If I were employed in a job from which I could be fired, andif I did get fired and had a right to challenge my discharge in aforum of my choice, / would rather be in arbitration than in court.Having served as an arbitrator and as a judge, and havingworked as an advocate in each forum, I am now of the view thatarbitrators are nonpareil as judges in a wide variety of casesinvolving personnel and labor relations matters. I concede thatwhat I am saying is merely impressionistic and is born out of myown professional experiences. Nevertheless, I would like to pursuemy thinking with you, albeit briefly, both to discard certainideas to which I have previously subscribed and to raise somequestions and suggestions for your digestion. Along the way, Iwill attempt to explain the bases for my impressions.            


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