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ABA / Straus Institute Survey

by Tom Stipanowich
July 2014

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Tom Stipanowich

One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee. The Institute’s work was conducted pursuant to a contractual agreement with PUCAT.

Here is some initial information regarding the Survey:

Survey Group

A total of thirty-three individuals responded to the survey.
The survey group included corporate lawyers for companies in the electricity, communication, petroleum/gas, infrastructure/pipeline, aviation, cable TV, Internet and railroad industries.
Forty percent of respondents were general counsels for their companies.
Approximately a quarter (24%) described themselves as mainly concerned with litigation; another quarter were primarily focused on transactional/administrative matters, and the remaining half (52%) were concerned with both.

Forthcoming analyses

The survey data includes insights on:

Corporate use of mediation, arbitration, early neutral evaluation, early case assessment and other approaches for different kinds of disputes
Factors affecting the use of mediation or arbitration
Impact of mediator attributes, professional background on mediator selection
Impact of arbitrator attributes, professional background on arbitrator selection
Preferred methods for neutral selection
Role of non-lawyers in arbitration
Factors in selecting the location of arbitration hearings
Incidence of court activities in conjunction with arbitration
Time spent negotiating dispute resolution provisions, involvement of business and legal stakeholders
Nature of contractual dispute resolution provisions
Use of streamlined or fast-track procedures

The final published version of our analysis of the Fortune 1,000 Corporate Counsel Survey, Living with ADR, will lead off the new volume of the Harvard Negotiation Law Review.

Biography


Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University, as well as Academic Director of the Straus Institute for Dispute Resolution. The Straus Institute was ranked number one among academic dispute resolution programs each of the last seven years by U.S. News & World Report. He was co-author, with Ian Macneil and Richard Speidel, of the groundbreaking five-volume treatise Federal Arbitration Law: Agreements, Awards & Remedies Under the Federal Arbitration Act, cited by the Supreme Court and many other federal and state courts, which was named Best New Legal Book by the Association of American Publishers. He also co-authored Resolving Disputes: Theory, Law and Practice, a law school course book supplemented by many practical exercises and illustrations on video; the second edition was just published. He is the author of many other much-cited publications on arbitration and dispute resolution, and has twice won the CPR Institute's First Prize for Professional Articles (1987 and 2009)--most recently for "Arbitration: The 'New Litigation.'" In 2008, he was given the D'Alemberte/Raven Award, the ABA Dispute Resolution Section's highest honor, for contributions to the field.



Email Author
Website: law.pepperdine.edu/straus

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