2006/Vol. 5 No.1 - Hamline Law - Hamline University

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26 THE JOURNAL OF AMERICAN ARBITRATION [Vol. 5:1 The AAA, one of the largest private arbitration agencies in the United States, is frequently used for administering the arbitration process, providing rules, lists of arbitrators, and facilities for arbitration. 107 The AAA resolves domestic, international, labor, insurance and many other types of disputes, 108 utilizing a variety of alternative dispute mechanisms, such as arbitration, mediation, elections, and other out-of-court settlement procedures. 109 The AAA provides education and training for neutrals and arbitrators and works to design ADR systems for corporations, unions, government agencies, law firms and the courts. 110 The AAA has thirty-four offices nationwide and two international offices in New York and Dublin. 111 Less well-known, but growing in recognition, are domestic agencies like JAMS, The Dispute Resolution Experts 112 and the National Arbitration Forum (NAF). 113 The decision as to which institution is best suited for a particular set of parties and their potential disputes requires due diligence to best represent the client. Phoenix Employment Relations Board Rhode Island State Labor Relations Board Vermont Labor Relations Board Virgin Islands Department of Labor Washington State Public Employment Relations Commission West Virginia Division of Labor Wisconsin Employment Relations Commission 107. Jacob P. Hart & David W. Wolf, Grievance Arbitration—Some Hints on Arbitrator Selection, Preparation, and Trial, R176 A.L.I.-A.B.A. 1401, 1416 (American Law Institute—American Bar Association Continuing Legal Education, Labor & Employment Law, 6th ed. 1992). 108. The AAA offers expertise in the following areas: Claims Programs, Commercial, Construction, Consumer, Domain Name Disputes, Elections, eCommerce, Employment, Energy, Fact Finding, Federal, Health Care, Insurance, International, Labor, Large Complex Cases, Mediation, Reinsurance, Safe Harbor, Securities, Sports-Olympic. American Arbitration Association, Focus Areas, at http://www.adr.org/Focusareas (last visited Nov. 6, 2005). 109. American Arbitration Association, supra note 103. 110. Id. 111. Id. 112. JAMS is a large private ADR service provider primarily based in California, but growing nationally at an exponential rate. The word JAMS is no longer an acronym. JAMS, The Dispute Resolution Experts, at http://www.jamsadr.com/ (last visited Oct. 19, 2005). 113. Originally founded in 1986 to handle court-ordered ADR settlement of disputes, the National Arbitration Forum is now available to handle private disputes as well. National Arbitration Forum, at http://www.arb-forum.com/ (last visited Nov. 6, 2005).
2006] ARBITRATION: THE BASICS 27 The Federal Mediation and Conciliation Service (FMCS) is another provider of arbitration services in the United States. The FMCS is as an independent agency of the United States government. 114 Its mission is to promote labor-management peace and cooperation. 115 It provides services to both the public and private sectors. 116 The FMCS has its headquarters in Washington, D.C. and has two regional offices and more than seventy field offices throughout the United States. 117 There are also many state agencies that provide arbitration services. For example, the State of Minnesota Bureau of Mediation Services provides alternative dispute resolution mechanisms, including conciliation, mediation, and arbitration, in an attempt to facilitate a constructive labor-management environment. 118 The ICC is a world-wide business organization. 119 Its activities cover a broad spectrum from arbitration and dispute resolution to fighting corruption and combating commercial crime. 120 The ICC’s dispute resolution mechanisms are designed specifically to resolve business disputes of an international character. 121 The ICC International 114. See 29 U.S.C. §§ 141, 171-173 (2004). The FMCS was created as part of the Labor Management Relations Act, 1947 to “prevent or minimize interruptions of the free flow of commerce growing out of labor disputes [and] to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation.” 19 U.S.C. § 173. Section 171 provides that “[i]t is the policy of the United States—that sound and stable industrial peace and the advancement of the general welfare, health, and safety of the Nation and of the best interests of employers and employees can most satisfactorily be secured by the settlement of issues between employers and employees through the processes of conference and collective bargaining,” which “may be advanced by making available full and adequate governmental facilities for conciliation, mediation, and voluntary arbitration.” Id. 115. Federal Mediation and Conciliation Serv., Who We Are, at http://www.fmcs. gov/internet/categoryList.asp?categoryID=13 (last visited Dec. 5, 2005). 116. Id. 117. Id. 118. State of Minnesota Bureau of Mediation Services, supra note 106. 119. International Chamber of Commerce, What is ICC, at http://www.iccwbo.or g/home/menu_what_is_icc.asp (last visited Oct. 26, 2005). The ICC aims “to serve world business by promoting trade and investment, open markets for goods and services, and the free flow of capital.” Id. 120. Id. 121. International Chamber of Commerce, Introduction to Arbitration, at http://www.iccwbo.org/court/english/arbitration/introduction.asp (last visited Nov. 6, 2005). In an international setting, arbitration has an added benefit. Id. More than 130 nations are signatories of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the
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