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Arbitration is at the Root of all Evil, According to the New York Times

Article by George Friedman, Arbitration is at the Root of all Evil, According to the New York Times:

https://www.arbresolutions.com/arbitration-is-at-the-root-of-all-evil-according-to-the-new-york-times/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional.

Comments (1)

I agree with those who have stated that an independent expert may be appropriate in some circumstances. However, both parties should consent to the use of such an expert and have an opportunity to participate in the selection process. Moreover, it must be remembered that an expert, after all, is just a fact witness, and simply because he or she is independent does not mean he or she is necessarily right. Like any other witness, he or she should prepare and file a report or witness statement prior to the hearing and be subject to cross examination so that the parties have a full and fair opportunity to prepare and to challenge his or her conclusions. Ultimately, it is the arbitrator(s), not the expert, who must decide the case.

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This page contains a single entry from the blog posted on November 9, 2015 11:08 AM.

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