I was looking for related articles to Alternative Dispute Resolution (ADR) and ran across a Business Insurance article predicting dispute resolution issues that Congress may face (article written on 11/3/08, just before the election). Dispute resolution reaches the highest levels of our government.
The author was unsure of the final composition of Congress after the election. However, the author indicates that it is a safe bet that the assault on binding arbitration agreements that began in 2007 and early 2008 will continue. In fact, it will likely gain strength.
And as for the general public, the author suggests that is not a good thing. Arbitration and other forms of alternative dispute resolution provide a valuable alternative to costly and time-consuming litigation. Without alternative dispute resolutions, even the most routine cases may end up slowing a legal system that is already stretched thin in some places.
If there is not a major turn in the political projections, the next Congress will have more Democrats than the old Congress. Combine that with the possibility of an executive branch considerably less favorably disposed to tort reform than the current administration, and arbitration is likely to be in the legislative cross hairs. A sobering thought.
Proponents of binding arbitration need to work on and improve their positions and arguments. This legislative battle appears to be certain. The author suggests that it is not inevitable that pro-arbitration forces will overcome those who oppose the use of arbitration as easily as they did in the last Congress.
For the new Congress, the battle will be challenging, and those who prepare in advance will increase their chances of success.
The entire country will be watching and listening to the next Congress. It will be interesting.
Reference:
Battle positions drawn on binding arbitration. (2008, November 3). Business Insurance, Retrieved December 9, 2008, from MasterFILE Premier...