notion that most people want black-robed judges, well-dressed
lawyers, and fine paneled courtrooms as the setting to
resolve their dispute is not correct. People with problems,
like people with pains, want relief, and they want it
as quickly and inexpensively as possible."
Warren E. Burger, former Chief Justice United States
fine wines, disputes do not improve with age."
Willard Z. Estey, former Supreme Court
of Canada Justice
and Arbitration paragraphs to include in (almost) every contract:
In the event that a dispute arises regarding
any matter contained in this agreement, the parties will
first seek resolution of that dispute through mediation.
If they are unable to agree on the selection of a mediator,
they shall each select one mediator, and those two mediators
shall in turn select a third to mediate the dispute. The
cost of mediation shall be borne equally by the parties (or
paid in full by _________).
In the event that the parties fail
to resolve any dispute relating to this agreement by means
of mediation, the dispute shall be settled by binding arbitration
in (__city___) in accordance with rules proposed by the arbitrator
and acceptable to the parties. Judgement upon the award rendered
by the arbitrator may be entered in any court having jurisdictoin
over the mater. The prevailing party shalll be entitled to
recover reasonable attorney's fees.
L. Allen and Donald D. Mohr, West Coast Press, 1998