Hon. William A. Dreier


Articles:

  • Tuesday, March 31, 2009
    Editor: Is ADR still a less expensive alternative to litigation? Dreier: In short: "Yes" for both mediation and arbitration. Mediation avoids most discovery, and the expensive, intense and emotional wait for and cost of trial. Results are negotiated, not imposed by a judge or jury or subject to costly appeals. You can obtain innovative results beyond the...
  • Monday, September 1, 2008
    Editor: Would each of you tell our readers something about your professional experience?
  • Friday, August 1, 2008
    Editor: What should corporate counsel look for when selecting a neutral? Dreier: Experience . The mediator should have a proven track record aiding parties to settle matters similar to yours. Also, inquire concerning any special expertise required for the subject matter in a particular case. Remember that an adversary's respect for the mediator can...
  • Tuesday, April 1, 2008
    Editor: What are the key components to a successful ADR program? Dreier : I see six basic components to a Corporate ADR program: Executive Education; Counsel Selection; Administrative Assistance; Neutral Selection; Pre-hearing Preparation; and Resolution Assessment. First : Educate management. Objective studies prove the effectiveness of ADR programs...
  • Tuesday, January 1, 2008
    Editor: What factors should corporate counsel consider when establishing an ADR agreement with a business partner?
  • Wednesday, August 1, 2007
    Editor: What key topics should be covered when contracting with an ADR neutral? Dreier: When contracting with an ADR neutral, there are six principal areas to be covered: Background: The parties should understand the neutral's qualifications, experience, training, attitude towards the mediation or arbitration, special expertise in the subject area, and...
  • Sunday, April 1, 2007
    Editor: What criteria should be considered when selecting an ADR neutral? Meanor: That depends on the subject matter. If there are to be three arbitrators, then it would be a good idea, if the subject is complex, to have at least one who is familiar with the turf and can communicate with the others. If there is to be only one arbitrator, then he or she...
  • Monday, January 1, 2007
    Editor: What are the key components of a successful ADR program?
  • Tuesday, August 1, 2006
    Editor: What factors help determine whether to use litigation or a form of ADR for resolving a dispute? Brown: The vast majority of private ADR (i.e., ADR not compelled by law) is initiated by pre-dispute ADR agreements rather than under post-dispute submissions. Post-dispute ADR agreements are rare because after the dispute has arisen, the parties are...
  • Wednesday, December 1, 2004
    Editor: How do arbitration and mediation differ? Dreier: Arbitration is basically like litigation but before a neutral or panel of neutrals chosen by the parties based on the qualifications they think will be the best suited for the case. Very often the neutral is a retired judge or practitioner, but sometimes a non-lawyer with special expertise is...