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Arbitration Myth Busting: Eliminating Misconceptions and Bias Towards Arbitration

February 15, 2023 @ 12:00 pm – 12:50 pm
Live GoToWebinar

Originally presented on February 15, 2023, as a live GoToWebinar presented by Patricia H. Thompson, FCIArb, JAMS, and moderated by Chardean M. Hill, Esq. Course number 5820 is approved until approximately August 15, 2024, for 1 General CLE credit. The course is available to buy online:

  1. Arbitration has become a hot topic lately, especially in legal and political circles. The U.S. Supreme court has been issuing arbitration-related decisions almost every term for several years. And national and state legislation has been proposed limiting the right to arbitrate in certain types of disputes by opponents who argue that arbitration is so flawed as to constitute a “denial of justice.”
  2. While there may be policy arguments against arbitration in consumer or employment claim situations, in every type of dispute, it is important that the resolution process fit the problem. The decision of whether to arbitrate a construction dispute should be made like any business decision: weighing costs, risks, benefits and return on investment, based on reliable data about the dispute resolution options available. Such an important decision should not be made based on misinformation, personal intuition, limited experience, or habit.
  3. A business that frequently encounters or often needs to pursue complex claims would prefer to resolve those claims as efficiently, cost-effectively, and quickly as possible without sacrificing fairness and due process. The question arises, though which process, litigation or arbitration better serves these goals?

2:30 PM – 2:35 PM
Patricia H. Thompson, Philadelphia, PA

2:35 PM – 2:40 PM
What is meant by “arbitration”?
Patricia H. Thompson, Philadelphia, PA

2:40 PM – 2:55 PM
Should there be a right of appeal?
Patricia H. Thompson, Philadelphia, PA

2:55 PM – 3:02 PM
Does arbitration take as long as litigation?
Patricia H. Thompson, Philadelphia, PA

3:02 PM – 3:10 PM
Concerns that arbitration is as expensive as litigation
Patricia H. Thompson, Philadelphia, PA

3:10 PM – 3:20 PM
The final hearing
Patricia H. Thompson, Philadelphia, PA

Patricia Thompson

Patricia Thompson, JAMS Mediator and Arbitrator

Patricia H. Thompson, Esqis a full-time neutral at JAMS, concentrating her practice in construction and surety claims, employment discrimination, wage and non-compete disputes, fidelity and business insurance coverage analysis, and other complex commercial disputes.

As an arbitrator, she uses lessons learned over 46 years of trial, arbitration, and appellate practice to pro-actively manage arbitrations to be a more efficient, fair and cost-effective method of dispute resolution than litigation. As a mediator, she guides the exchange of necessary information in advance of the parties’ joint sessions, assists in planning how to structure the negotiation sessions, and uses experience and preparation to help the parties assess risk, value claims, and make informed decisions as to the best avenues of resolution.

Ms. Thompson has been regularly listed in The Best Lawyers in AmericaChambers USA Guide to America’s Leading Business LawyersThe International Who’s Who of Construction and Business Lawyers, and similar Florida publications ranking attorneys in her areas of practice concentration. She is a fellow of both the American College of Construction Lawyers and the Chartered Institute of Arbitrators, and a member of ArbitralWomen.

Ms. Thompson has served as chair and in other senior leadership roles of major committees of the Tort and Insurance Practice and Litigation Sections of the American Bar Association. In 2012, she was awarded the Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law by the Fidelity Law Committee of the Tort, Trial and Insurance Practice Section of the ABA.