Resolving Litigation: Arbitration and Mediation After 'Concepcion'

Both co-parenting and parallel parenting can be successful when appropriately matched to family circumstances and supported by professional guidance.

Arbitration emerged from a healthy skepticism of the court system, its lengthy timelines, procedural complexity, rigidity and high costs. So, why is it that, nearly a century after the Federal Arbitration Act (FAA) provided arbitration with a firm legal foundation in the United States, modern arbitration often resembles litigation all over again?

A lack of diversity among its practitioners, decision-makers and the number of available platforms. These deficiencies present implications not only for fairness and legitimacy but also for the quality and accessibility of justice.

The “partial final award” sought to be confirmed ironically was a decision by an arbitrator that the defendant Subway Franchise Systems of Canada LLC prematurely issued a notice of termination to the plaintiff Subway Development. In both instances, the parties were held to have “jumped the gun.”