find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
In-house dissatisfied with ADR results

In-house dissatisfied with ADR results

As more companies turn to international arbitration, in-house lawyers are beginning to complaint that the process can be just as costly and time-consuming as litigation.

AS more companies turn to international arbitration, in-house lawyers are beginning to complain that the process can be just as costly and time-consuming as litigation. 

At its best, alternative dispute resolution can save the company money and everyone time. But, at its worst, the process can take many, many years, and tie up in-house counsel and expensive external law firms in the process of resolution. 

A new advocacy organisation in the United States is attempting to highlight the problems in what appears to be the preferred dispute resolution process of the future.

Corporate Counsel International Arbitration Group, launched three years ago, is composed of 50 large multinationals, including General Electric Company, Exxon Mobil Corporation and Siemens AG, to name a few. 

As Corporate Counsel reports, the Group is just beginning to make its influence felt, highlighting problems in international arbitration and encouraging reform. 

A member of the Group's steering committee, Ronald Schroeder, said no one he knows who uses arbitration regularly is happy with it. 

Schroeder, who is a senior counsel in General Electric's headquarters, coordinates the company's arbitration policy. He hears the dissatisfaction from other in-house lawyers, which he told Corporate Counsel of well beyond the common complaint that arbitrators resolve disputes by splitting the baby. 

WHile some of the more disappointing results many be victories technically, the financial cost and time cost are too high. An arbitrator will ask: "How can you be unhappy? You won!" To which Schroeder says: "Yeah, but it took six years. And it should have been two. Or six months."

Companies will often be lured to arbitration by an aversion to litigation. Some experts have labelled attitudes towards litigation as bordering on paranoia, seeing it as burdensome and too expensive. 

Tell The New Lawyer what you think about arbitration, litigation, and dispute resolution generally. Where should we be heading and how can in-house counsel properly determine which to use? Send 250 words to the Editor offering your opinion. 

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

In-house dissatisfied with ADR results
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...