Clip length/Date: (17:10min - 06/15/10)

Summary: Shortly after the CPR Institute’s Annual Meeting early this year, IDN host Mike McIlwrath continued with the theme of a panel discussion he led on the future of arbitration with Thomas J. Stipanowich, academic director of the Straus Institute for Dispute Resolution, at the Pepperdine University School of Law, in Malibu, Calif.  At the meeting, Tom had just received his second CPR professional articles award.

The two sat down for this episode of International Dispute Negotiation to hash out ways to improve U.S arbitration. Mike pressed Tom on whether arbitration would continue to evolve as an alternative conflict resolution process, or become even more like litigation:  “The American Bar is a rather conservative, kind of stodgy group, said Tom, adding, “ I think we’re at a sea change with respect to the use of litigation. I think we’re confronting a lot of the same issues with binding arbitration.”

He has worked in arbitration for decades. He was CPR’s president and CEO from 2000-2005, and visited with Mike just after he won his second CPR professional articles category. He won his first articles award before he served at CPR, for a 1987 law review piece on multiparty disputes in arbitration.

IDN 90 operates as a companion to his latest CPR Award for Excellence in ADR articles: Here, Tom focuses on improving arbitration via
American College of Commercial Arbitrators’ 2009 protocols for expeditious cost-effective commercial arbitration .

The CPR awards judges cited two similar Stipanowich articles for the award.  The first article was on current trends in adapting arbitration to suit commercial users’ needs, “Arbitration and Choice: Taking Charge of the 'New Litigation',” DePaul Business & Commercial Law J., Vol. 7 (June 2009)(available here).

In the piece,Tom provides a comprehensive guide for a straightforward problem: making commercial arbitration users’ experience better. The article proposes “a possible blueprint for a Protocol for Business Users of Arbitration.”

The CPR award also was presented for an article discussed in this podcast, “Arbitration: The New Litigation,” 2010 U. Ill. L. Rev. 1 (January 2010)(abstract available
here) . In the article, Stipanowich similarly urges process choices based on client goals, factoring
in the context of arbitration’s place in legal system and society.

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