Neutral Selection: Some Guidance from a Neutral

摘要

The use of ADR in resolving complex commercial disputes is growing substantially, particularly for intellectual property disputes. Undoubtedly, ADR's crucial advantage over litigation, and also the most important decision parties will make in an ADR proceeding, is their ability to select their own neutral. Parties have complete autonomy to select whomever they want as their neutral. But they must be sharply cognizant of a fundamental tenet: the quality of an ADR process is only as good as the neutral conducting it.