Private dispute resolution: Difference between revisions
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This page lists some '''private dispute resolution''' or '''arbitration''' services. | This page lists some '''private dispute resolution''' or '''arbitration''' services. | ||
('''Arbitration''' is the process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.<ref name="Dictionary_arbitration">[http://www.thefreedictionary.com/arbitration "arbitration"], ''Free Online Dictionary, Thesaurus and Encyclopedia''. Referenced 2012-12-17.</ref>) | |||
{{See also|Private law}} | {{See also|Private law}} | ||
==Current examples== | ==Current examples== | ||
{{See also|Private law#History}} | |||
A 1994 study reports that about 90 percent of all international trade contracts contain arbitration clauses. Similarly, within the United States, arbitration under the auspices of various commercial organizations, or by independent arbitrators, perhaps from the American Arbitration Association (AAA), resolve at least three times as many commercial disputes as the common law courts do. | A 1994 study reports that about 90 percent of all international trade contracts contain arbitration clauses. Similarly, within the United States, arbitration under the auspices of various commercial organizations, or by independent arbitrators, perhaps from the American Arbitration Association (AAA), resolve at least three times as many commercial disputes as the common law courts do. | ||
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Arbitration of disputes between employers (both government and private) and unionized employees has also been routine (and even compulsory for government employees, as well as for some private sector employees, when negotiation proves inadequate) for several decades in the United States. Furthermore, while non-union employees’ disputes were almost never arbitrated before 1970, growing numbers are now resolved by arbitrators. Arbitration is also used for disputes between businesses and customers. For instance, the New York Stock Exchange formally provided for arbitration in its 1817 constitution, and it 'has been working successfully ever since', primarily to rectify disputes between Exchange members and their customers. The Council of Better Business Bureaus (BBB) operates arbitration programs for consumers in many parts of the United States, several automobile manufacturers have contracts with the BBB to arbitrate car owners’ complaints, AAA arbitrators annually resolve thousands of insurance claims, the National Association of Home Builders offers AAA arbitration of buyers’ complaints against association members, medical malpractice arbitration, begun in 1929, is on the rise, and so on. Non-contract civil disputes are also shifting to arbitration in the United States, in part to avoid litigation costs such as delays due to congested government courts. Indeed, a new private-for-profit court industry, developing since 1979, offers a wide variety of ADR procedures to resolve all kinds of disputes (there were more than 50 such firms in the United States 1992, most with offices in several states. These firms are attracting growing numbers of customers (as well as profits and investors, including | Arbitration of disputes between employers (both government and private) and unionized employees has also been routine (and even compulsory for government employees, as well as for some private sector employees, when negotiation proves inadequate) for several decades in the United States. Furthermore, while non-union employees’ disputes were almost never arbitrated before 1970, growing numbers are now resolved by arbitrators. Arbitration is also used for disputes between businesses and customers. For instance, the New York Stock Exchange formally provided for arbitration in its 1817 constitution, and it 'has been working successfully ever since', primarily to rectify disputes between Exchange members and their customers. The Council of Better Business Bureaus (BBB) operates arbitration programs for consumers in many parts of the United States, several automobile manufacturers have contracts with the BBB to arbitrate car owners’ complaints, AAA arbitrators annually resolve thousands of insurance claims, the National Association of Home Builders offers AAA arbitration of buyers’ complaints against association members, medical malpractice arbitration, begun in 1929, is on the rise, and so on. Non-contract civil disputes are also shifting to arbitration in the United States, in part to avoid litigation costs such as delays due to congested government courts. Indeed, a new private-for-profit court industry, developing since 1979, offers a wide variety of ADR procedures to resolve all kinds of disputes (there were more than 50 such firms in the United States 1992, most with offices in several states. These firms are attracting growing numbers of customers (as well as profits and investors, including | ||
many who do not contractually stipulate ADR prior to the dispute arising.<ref name="Benson_Arbitration">Bruce L. Benson. [http://encyclo.findlaw.com/7500book.pdf "Arbitration"] (pdf) from the ''Encyclopedia of Law and Economics'', Volume I. Cheltenham, Edward Elgar, 2000, ISBN 1 85898 984 1. Referenced 2012-12-15.</ref> | many who do not contractually stipulate ADR prior to the dispute arising.<ref name="Benson_Arbitration">Bruce L. Benson. [http://encyclo.findlaw.com/7500book.pdf "Arbitration"] (pdf) from the ''Encyclopedia of Law and Economics'', Volume I. Cheltenham, Edward Elgar, 2000, ISBN 1 85898 984 1. Referenced 2012-12-15.</ref> | ||
Another example of private dispute resolution is that facilitated by the [[VISA]] corporation. Member banks agree to keep their quarrels within the VISA family when they join the central organization. Anticipating many costly legal disputes between the system's members, the VISA corporation saw an opportunity to invent a cheaper way to resolve disagreements. It created the VISA Arbitration Committee to judge the disputes of the member banks according to VISA's own legal code. The methods are quick, lawyerless, and unbureaucratic. Compared to the slow and costly justice that the banks receive when they have to settle a conflict with a firm outside the VISA camp (and within the reach of the public courts), the VISA banks get a bargain.<ref name="Caplan_Privatizing">Bryan Caplan and Edward P. Stringham. [http://www.independent.org/pdf/working_papers/69_private.pdf "Privatizing the Adjudication of Disputes"] (pdf), Independent Institute Working Paper Number 69, October 17, 2007. Referenced 2012-12-15.</ref> | |||
==Reference== | ==Reference== | ||
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==Links== | ==Links== | ||
* [http://www.adamsmith.org/sites/default/files/images/uploads/publications/judgement-day.pdf Judgement Day - The Case for Alternative Dispute Resolution] by Adam Thierer, 1992 | * [http://www.adamsmith.org/sites/default/files/images/uploads/publications/judgement-day.pdf Judgement Day - The Case for Alternative Dispute Resolution] by Adam Thierer, 1992 | ||
* {{w|Arbitration}} on Wikipedia | |||
[[Category:Concepts]] | [[Category:Concepts]] | ||
Revision as of 15:34, 17 December 2012
This page lists some private dispute resolution or arbitration services.
(Arbitration is the process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.[1])
Current examples
A 1994 study reports that about 90 percent of all international trade contracts contain arbitration clauses. Similarly, within the United States, arbitration under the auspices of various commercial organizations, or by independent arbitrators, perhaps from the American Arbitration Association (AAA), resolve at least three times as many commercial disputes as the common law courts do.
Arbitration of disputes between employers (both government and private) and unionized employees has also been routine (and even compulsory for government employees, as well as for some private sector employees, when negotiation proves inadequate) for several decades in the United States. Furthermore, while non-union employees’ disputes were almost never arbitrated before 1970, growing numbers are now resolved by arbitrators. Arbitration is also used for disputes between businesses and customers. For instance, the New York Stock Exchange formally provided for arbitration in its 1817 constitution, and it 'has been working successfully ever since', primarily to rectify disputes between Exchange members and their customers. The Council of Better Business Bureaus (BBB) operates arbitration programs for consumers in many parts of the United States, several automobile manufacturers have contracts with the BBB to arbitrate car owners’ complaints, AAA arbitrators annually resolve thousands of insurance claims, the National Association of Home Builders offers AAA arbitration of buyers’ complaints against association members, medical malpractice arbitration, begun in 1929, is on the rise, and so on. Non-contract civil disputes are also shifting to arbitration in the United States, in part to avoid litigation costs such as delays due to congested government courts. Indeed, a new private-for-profit court industry, developing since 1979, offers a wide variety of ADR procedures to resolve all kinds of disputes (there were more than 50 such firms in the United States 1992, most with offices in several states. These firms are attracting growing numbers of customers (as well as profits and investors, including many who do not contractually stipulate ADR prior to the dispute arising.[2]
Another example of private dispute resolution is that facilitated by the VISA corporation. Member banks agree to keep their quarrels within the VISA family when they join the central organization. Anticipating many costly legal disputes between the system's members, the VISA corporation saw an opportunity to invent a cheaper way to resolve disagreements. It created the VISA Arbitration Committee to judge the disputes of the member banks according to VISA's own legal code. The methods are quick, lawyerless, and unbureaucratic. Compared to the slow and costly justice that the banks receive when they have to settle a conflict with a firm outside the VISA camp (and within the reach of the public courts), the VISA banks get a bargain.[3]
Reference
- ↑ "arbitration", Free Online Dictionary, Thesaurus and Encyclopedia. Referenced 2012-12-17.
- ↑ Bruce L. Benson. "Arbitration" (pdf) from the Encyclopedia of Law and Economics, Volume I. Cheltenham, Edward Elgar, 2000, ISBN 1 85898 984 1. Referenced 2012-12-15.
- ↑ Bryan Caplan and Edward P. Stringham. "Privatizing the Adjudication of Disputes" (pdf), Independent Institute Working Paper Number 69, October 17, 2007. Referenced 2012-12-15.
Links
- Judgement Day - The Case for Alternative Dispute Resolution by Adam Thierer, 1992
- Arbitration on Wikipedia