Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1922-09-13
UNIQUE COURT.
Court of Arbitration to Prevent Elk.
pensive Litigation.
(From The Pathfinder)

/
(From The Pathfinder)
A new organization known as the
Arbitration Society of America seeks
to relieve court congestion by arbi-
trating civil disputes. 1t proposes to
do this by establishing private arbi-
| tration courts all over the country.
1t has already instituted such tribu-
nal in New York city, where it offers
speedy trial of disputes brought be-
fore it. This poor mans court" is
freed of all the customary legal red
tape it functions quietly and quick
ly, and without any undue publicity.
BY arbitrating disputes which would
otherwise result in extended litiga
ton, this novel court is expected to
eliminate rs per cent. of the cases
which crowd the calendars of the
civil courts. 1t affords disputants an
easy and inexpensive way of settling
differences, free from heavy costs in
money, wasted time, protracted wor-
ries and lasting hatreds. The Man
haitian arbitration tribunal is operat-
ing under a simple rule of procedure
whereby disputants can tell their
stories in their own way, before one
selves. The parties involved may
conduct their own cases or employ
lawyers to do so. They can bring
their differences to this court know
ing that if the hearing involves
revelation of trade secrets or other
confidential matters there will be no
unwelcome publicity. At these trials
hearsay and other informal evidence
Il 4 h.,
the new tribunal shall operate in
competition with the law courts. On
| the contrary. the plan is to have 1t
cooperate with and supplement the
civil courts. Criminal and divorce
cases are. of course, excluded from
its jurisdiction. The movement
which resulted in the creation of
this novel court, was launched by the
Lawyers Club in New York. The
idea has been Endorsed by many
| judges, lawyers, trade leaders, bust
ness men and other interested
| persons. Realization of the ultimate
| project to establish similar tribunals
in every large city in the country de-
ponds on the enactment by the vari-
Gus states of arbitration laws in
agreement with the present New
York state arbitration law that made
the court possible. Stripped of it's
legal phraseology, this statute Gas
amended in 1920, in effect, provides
that two or more persons may agree
in writing to submit their differences
to arbitration This written agree
ment is binding and irrevocable;
neither side can withdraw from the
arrangement. Once having agreed
to arbitrate, ordinary court litigation
is absolutely closed to the contract
ing parties on the particular con-
troversy involved. The arbitration
court has the power to subpoena wit
nesses and compel production of evil
dence; in fact, it exercises the same
authority as most duly constituted
courts. When it is confirmed by a
regular court it becomes, in effect,
the judgment of that court, enforci-
BILE precisely like any other judg-
ment. There is no appeal to the
courts from an award in arbitration.
and such an award cannot be vacated
or Cancelled unless it is proved that it
was procured by fraud, corruption or
misconduct on the part of the
arbiter. The Arbitration Society an
nounces that it will undertake an
active campaign in each state to
arouse public interest on the impor-
lance of similar legislative enact
ments. When a uniform law is Sc
cured in all the states the society will
proceed with it's plan for establish
ing like arbitration courts in every
large city. With that end in view, it
plans to make the arbitration law a
live legislative issue in state politics.
Almost before the machinery of the
New York arbitration tribunal was
set in motion, and before the society
was eight weeks old, the court
handled it's first case. This involved
a complicated partnership wrangle
that might have dragged through the
regular court for years, piling up ex-
pense, receiving unpleasant notoriety
and engendering bitterness. But an
arbiter selected by the court with the
mutual consent of the contending
factions smoothed over the Difficult
ties in a remarkably short space of
time-two days. The feature of the
tlial, if it can be called such-it was
more like an open hearing-was the
way in which the proceedings were
stripped of all the old embarrass-
| LHout OI lGSdl tSCuuICdlIIy. NV sum
mons, complaint, answer, demurrer
or other pleadings were required
| The agreement to arbitrate set forth
in five lines Of typewriting the direc,
, point at issue. The taking OF the
! testimony required little more than
an hour. Each party waived the tax.
ing of an oath by the other Still
J another feature was that each side
t was permitted to give testimony in q
} purely conversational manner with
out being obstructed by technical OBJ
; jections or subjected to the usua
| tiresome and confusing cross-exami
nation. Each point was cleared w
as it arose. Toward the close OF the