The Surface Transportation Board (Board or STB) proposes regulations that would require parties to participate in mediation in certain types of cases and would modify its existing regulations that permit parties to engage voluntarily in mediation. The Board also proposes an arbitration program under which carriers and shippers would agree voluntarily to arbitrate certain types of disputes that come before the Board, and proposes modifications to clarify and simplify its existing rules governing the use of arbitration in other disputes. The Board seeks comments regarding these proposed rules.
Why one might choose to use an alternative dispute resolution process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. The article details the essential attributes of the American judicial system. Some of the attributes include: 1. Courts are created and funded by government and are available in every US jurisdiction. 2. Courts provide theoretical access to all upon application by those with a claim. 3. Decisions are made by a judge trained in the law, and a jury of one's peer...
The Surface Transportation Board has proposed regulations that would require Class I and Class II rail carriers to participate in the Board's arbitration program, unless they file a prior written notice with the Board on an annual basis opting out of the program. By contrast, Class III rail carriers wishing to participate in the Board's arbitration program could file a request for arbitration with the Board under this docket at any time, or could voluntarily agree to participate in arbitration on a case-by-case basis. A shipper wishing to participate in the Board's arbitration program could so inform the Board on a case-by-case basis following the filing of a complaint. Pursuant to the Paperwork Reduction Act and Office of Management and Budget regulations, the Board now seeks comments ...
While litigation is a booming business in America, less than 5% of cases actually go to trial. But even when cases settle, parties still expend enormous sums of money and time. This reality is one factor driving demand for alternative dispute resolution services such as mediation and arbitration.
Many civil disputes are still decided in courts of appropriate jurisdiction. In Colorado, where this is being written, the backlog of civil cases in many courts requires three or more years between filing and trial of the case. The result has been to look for other means of resolving disputes. The common option for commercial disputes is called alternative dispute resolution (ADR), which primarily means arbitration and mediation. Arbitration is an adjudicatory process in which one or more neutral arbitrators hear the parties' evidence and arguments and then issue a binding award. The key difference between an arbitrated resolution of a dispute and a mediated one is that, under the mediation model, each party must agree to the resolution; no one can be forced to accept a particular settl...
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