October 1, 2015

ADR is Here to Stay and Should Be

Florham Park partner Tom Campion and Philadelphia partner Ken Murphy published an article in the October 2015 issue of Financier Worldwide Magazine titled, “ADR is Here to Stay and Should Be.”

Tom and Ken note the case of In re: Nexium (Esomeprazole Magnesium) Antitrust Litigation and the ensuing trial, which they say stands as an example of how the jury trial system can work at its very best. Experience and common sense, however, make it clear to most lawyers that this type of jury trial is very rare – so rare, in fact, that those with businesses in major commercial disputes will, more often than not, choose binding arbitration instead.

Tom and Ken delve into the reasons why binding arbitration is the better bet, including offering a more reliable arbitrator, the comparatively modest pre-trial discovery, and a set hearing schedule that is unlikely to be postponed once decided upon.

Read “ADR is Here to Stay and Should Be” here.

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