A Neutral’s View on Party Autonomy: Part 1 of a Discussion with Jack Levin

Party autonomy isn’t a byproduct of mediation or arbitration, it’s a principal feature. Putting the process under the participants’ control provides an opportunity for more efficient conflict resolution than what those same parties would receive in yielding process decisions to the court. 

But maintaining autonomy through the course of a mediation or arbitration, explains veteran New York neutral Jack P. Levin, requires careful planning and preparation.

In Part 1 of a three-part CPR Speaks/CPR YouTube Channel series, Levin relies on his experience as an ADR neutral to discuss why, in managing a matter, an arbitrator has an opportunity to do something more than process the dispute.

While the arbitrator’s job is to render a decision and not act as a mediator, there may be opportunities to forge agreement on matters that will clarify the issues and enable all involved to bring the dispute to a conclusion more efficiently and economically.

Levin will describe throughout the series why party autonomy exists at every stage of the dispute prevention and resolution process. He will discuss how arbitration and mediation can combine for effective dispute resolution.

Coming in later episodes are views on revising deal contract clauses to accommodate processes that would deal with disputes, and real-life examples of reforming ADR practices.

Jack Levin has 25 years of experience as an arbitrator and mediator. He has arbitrated more than 100 disputes, serving most frequently as sole arbitrator or panel chair, and has mediated hundreds more. His focus is commercial disputes but his experience covers many additional areas as varied as pharmaceutical patent licensing and electricity generation. He has experience designing and presiding over mixed mode processes, including med-arb, a mixed-mode ADR process. He manages and resolves high-conflict matters, including within families and among parties from all over the world.

He is also an actor, a profession in which presence and persuasion are equally essential.

Levin’s website can be found at www.levinadr.com. He is a longtime member of the Panels of Distinguished Neutrals maintained by CPR Dispute Resolution Services at https://drs.cpradr.org; CPR DRS is a wholly owned subsidiary of the CPR Institute, which publishes CPR Speaks.  Alternatives to the High Cost of Litigation editor Russ Bleemer hosts.

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