Dispute resolution systems historically have included three primary forums: the judicial process, administrative procedures, and the arbitral system. This article focuses on the modem and rapidly expanding third system - that of arbitration. The goal of everyone interested in maintaining a fair, accessible, and affordable civil justice system is to monitor, shape, and maintain arbitration as a fair, accessible, and affordable system. The purpose of this article is to provide information and ideas which will help make that goal a success. The first part of this article explains the historical development of arbitration in this country prior to and under the Federal Arbitration Act (the FAA) and continuing through to the present day. The second part of this article begins with an exploration of the basic and essential factors that traditionally comprise the American way to resolve disputes fairly. This part concludes with an innovative proposal promoting the development of a public and private partnership between arbitral associations and the judicial system to offer and support a fair, accessible, and affordable arbitral/judicial process.
Roger S. Haydock and Jennifer D. Henderson,
Arbitration and Judicial Civil Justice: An American Historical Review and a Proposal for a Private/Arbitral and Public/Judicial Partnership ,
2 Pepp. Disp. Resol. L.J.
Available at: http://digitalcommons.pepperdine.edu/drlj/vol2/iss2/1