The first part of this post analogized the use of arbitration to resolve employee disputes to using a wood chisel to smash a boulder — the wrong tool for the job. At its conclusion I said that, sympathetic as I am to employees, it was the effect on chisel, not the rock, that concerned me. This part explains why there is cause for concern. Read more »
One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got back from work at 5:30 or so the quartz had not been reduced by much, but the wood chisel had lost about all of its utility.
Dad’s objections included the necessity of the objective (”You wanted to put a hole in the driveway?”), the soundness of the strategic analysis (”You were going to pound it to bits?”), and (particularly) the skill of the execution of this project ([eyes raised to heaven] “Son….”). And ever thereafter, when he cautioned me about using ”the right tool for the right job,” his words had particular piquancy.
Which (obviously) gets us to the Arbitration Fairness Act. Read more »
A panel of eight speakers at the Madrid IBA Conference spoke on “Projects, Practices and Policies: Developments from the World of Mediation.” This is the first of a two-part report on the presentations offered. Read more »
John Richardson, that worthy and thoughtful New York mediator, has brought to our attention a decision by Hon. Mr. Justice Ramsey of the Royal Courts of Justice in England that seems to render unenforceable the commonplace contractual provisions immunizing mediators from testifying as to the conduct of the mediation. Read more »