There are many good reasons why arbitration and other forms of alternative dispute resolution (ADR) have become increasingly popular in California and across the country. Both parties benefit when a result can be reached without dealing without the costs and delays associated with litigation. However, the success of an arbitration or mediation depends in large part on the individual appointed to oversee the proceedings.   

While mediation allows parties to walk away from the table if they cannot reach consensus, arbitration puts the decision in hands of the third party. The power vested in an arbitrator has led one California legislator to propose a voluntary program under which ADR providers can register with the State Bar. State Senator Tom Umberg believes that the trend favoring arbitration over litigation justifies a program by which the public can have greater insight into the individual deciding their case.

Sen. Umberg believes the State Bar is the right organization to maintain this registration because of its experience with matters relating to professional credentials and oversight. It is important to note that some ADR providers are not attorneys, so they would not fall under the State Bar’s purview. This is why such a program would have to be voluntary. Still, it could give adversarial parties critical insight when they are deciding on a neutral to handle their case. 

Supporters of a system such as the one proposed by Sen. Umberg cite the situation involving disgraced attorney Tom Girardi as evidence that more information regarding arbitrators should be available to the public. In that matter, unscrupulous ADR providers were accused of helping Girardi misappropriate funds that rightfully belonged to his clients.

Whether a registration system is established or not, you should make the effort to find an ADR provider known for integrity, accountability and transparency. At Quinn & Kronlund LLP in Stockton, we are accomplished attorneys who draw on our extensive experience when serving as mediators and arbitrators. We are capable of resolving the most complex cases and handle each matter with the highest levels of skill and professionalism. Should you require a qualified neutral to oversee your Northern California legal dispute, please contact us online or call 209-943-3950 to learn more about our services.