Section 12 Background and Development to Date

• Library: Arbitration and Mediation 2011

The Supreme Court continues to support and encourage arbitration. During an oral argument in 2004, the Court seized the opportunity to quiz counsel on whether their clients would be willing to resolve their dispute through arbitration rather than a decision from the Supreme Court. Kan. v. Colo., 543 U.S. 86 (2004). The Supreme Court expressed “hope” in its written opinion that the parties would agree to binding arbitration for all remaining issues. Id. at 106.

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In recent years, many parties have turned to arbitration to resolve disputes of all sorts, including large cases. “A lot of big civil cases are going to arbitration,” according to Associate Justice Anthony M. Kennedy of the Supreme Court. His remarks appeared in a New York Times article posted on the web October 1, 2011. Adam Liptak, In New Term, Supreme Court Shifts Focus to Crime and First Amendment, N.Y. Times, October 1, 2011, available at:

^www.nytim...