Author: Linda Silberman*
Published: December 2003
Dispute Resolution and Litigation
Professor Lowenfeld’s Panglossian view of arbitration does not come as any surprise to me, and as he has indicated in his article in this volume, he is well acquainted with my own skepticism about arbitration. I come to the subject with substantially less “hands-on” experience than Professor Lowenfeld, but I am no stranger to the world of arbitration and the more I see of it the more concerns I have. I have also taken part in a variety of other alternative dispute resolution mechanisms, and I recognize their value in particular and discrete situations. Thus, this comment is not a broad attack on arbitration specifically or on ADR more generally, though I do believe that the cautionary yellow light should be flashing.
*Martin Lipton Professor of Law, New York University School of Law, B.A. U. of Mich. 1965; J.D. U. of Much. 1968. This article is adapted from a presentation at the NYU Institute of Judicial Administration, Research Conference on International and Domestic Arbitration.