■ ■ Lead the way. The efficacy of arbitration is dependent on guidance from in-house counsel in two key
areas: ( 1) with clients at the point of the negotiation of business contracts, and ( 2) with outside counsel.
■ ■ Selecting the best. Arbitrator selection is one of the most important aspects of the process.
Ensure that the arbitrators you hire have strong project management experience.
■ ■ Slowmotion. Carefully assess what motions will increase efficiency and what motions will
extend the process. This ensures productivity and sets the tone for the rest of the process.
■ ■ An open mind. Corporate counsel should pledge to keep business-to-business
lines of communication open to promote the possibility of a settlement.
ARBI TR ATION :
MAKING IT WORK FOR YOUR COMPANY
By Steven M. Greenspan and Conna A. Weiner Handling disputes that have strayed
beyond the ability of both parties to negotiate a solution by themselves
presents a variety of strategic and logistical challenges. 1 While many in-house counsel have come to appreciate the business benefits of non-binding
mediation, even at an early stage, the fact is that binding arbitration often
remains suspect, especially outside of the international arena where the
process makes obvious sense for reasons of cross-border neutrality and
enforcement. 2 This often occurs because of a lack of information, one-off
personal experiences, or — most tellingly — failure to design and plan a good
arbitration process that fully exploits the many flexible and customizable
options available to parties and counsel.