A Neutral’s View on Party Autonomy: Part 2 of a Discussion with Jack Levin

In Part 2 of a three-part CPR Speaks/CPR YouTube Channel series on party autonomy in ADR, Jack P. Levin discusses where in the process parties can exercise their preferences.

Jack starts out with contract drafting considerations. Everybody knows the problem, he says, so install a protocol so that the dispute resolution clause isn’t left until the last minute and ineffective, or nonexistent, when it is needed.

As Jack noted in Part 1, here on CPR Speaks, 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. 

In this episode, Jack provides advice on preventing escalation—keeping control where it may be slipping away.

Coming in Part 3, are 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. 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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