Page 30 - CLT022420

S-30 ¦ FEBRUARY 24, 2020 ALTERNATIVE DISPUTE RESOLUTION

¦ From HAVE LAWYERS on PAGE S-29 side who apologizes or, at least, explains what mea-
Bloom says arbitration is useful when a final sures have been taken to try to avoid that situation.”
judgment is needed before further action can be Colella and other critics claim “splitting the baby”
taken. In one case, an apartment unit caught fire is an all-too-common compromise in arbitration
while being retrofitted for sprinklers, but because that leaves neither party happy at the end. That
the plumbing company had left a cap off, seven “should not happen,” according to Birnberg, unless
floors were soaked when firefighters turned on the there’s some rare internal justification.
high-pressure water. “If there are two arbitrators who believe that the
“In order for the plumbing company’s insurance outcome should be one thing and the judgment
to kick in, a finding against them something else, the judgment
was necessary,” Bloom said. “The should not be reduced by one-
added value of the arbitration is third,” Birnberg said. “Two win,
that when the two sides disputed Some lawyers are advising one loses.”
the figures, they had an oppor- clients against arbitration,
In Bloom’s view, the best place
tunity to prove their positions, which they say is no longer to take a dispute is away from the
which resulted in a slightly dif- the cheap and speedy option courtroom.
ferent damage amount that both it used to be. Are they right? “One very wise attorney said to
sides accepted.” me once about alternative dispute
Mediator Elizabeth D. Laporte, in general: Initially he was reluc-
who served two decades as a fed- tant to embrace it, because after
eral magistrate judge in San Francisco, says that all, why would an attorney want a case to stop before
arbitration, if done right, can still be the cheaper and it reached the end? “ Bloom said. “Then he realized
more efficient option. that a case that finishes creates a happy client, and a
And having handled thousands of settlement happy client either returns with more business, or
conferences, Laporte says she’s found mediation can sends other people.”
transform cases in ways a trial never could. ¦

“If you set the stage correctly it can make a huge Raychel Lean reports on South Florida litigation
difference,” Laporte said. “Where, for example, the for the Daily Business Review. Send an email to
family of somebody who’s allegedly been abused by [email protected], or follow her on Twitter via @
the police actually meets a police officer on the other raychellean.

ABA Approves Innovation Resolution,
With Revisions to Limit Regulatory Changes

By Brenda Sapino Jeffreys

The American Bar Association’s House of Del- Resolution 115, which encourages state regulators
egates passed a resolution to push for new and state bar associations to explore regulatory
approaches to the practice of law that would innovations that could improve access to legal ser-
improve access to justice, but not before adding a dis- vices, and to collect data on those programs. But
claimer to address concerns raised by some state bar the resolution also notes that it should not be con-
associations about outside investment in law firms. strued as recommending any changes to the ABA

An overwhelming majority of the House of Del- Model Rules of Professional Conduct, including
egates agreed in a verbal vote Monday to approve Rule 5.4, as they relate to nonlawyer ownership of

CONNECTICUT
Law Tribune