Synopsis By: Lurie - Proceeding Author: Harry H. Platt

The author asserts that arbitrators pay heed to safeguards that have attended centuries of judicial decision making; that they should value precedent to the extent required to achieve consistency, where warranted, for the same parties; and that they use judgment as to when to suggest mediation. He opines that the parties use of arbitration in lieu of negotiation is a failing of the parties and not of arbitrators or the arbitration process.