Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-01
ARBITRATION
By DR.. Frank Crane


There is in existence society which every
one ought to know about. 1t is the Arbitra-
tion Society of America
It's object is to educate the people to the
advantages of submitting to arbitration as
many cases as possible, instead of resorting
to the courts.
This is one phase of the great forward
struggle of the human race into common
sense, alive and vigorous, as wrestling with
the dead and vigorous power of tradition.
This battle is going on everywhere, in the
church, in business, in the schoolhouse in
society and in the hearts of all men and
women
1t has taken good many thousand years
for reason to fight its way up to it's place in
the sun, and it will take, probably, good
many years to come before that place will be
assured.
Tt stands to reason that two parties in dis
pute could settle the whole matter better by
getting together, choosing an arbitrator, sub
hitting their respective cases in plain Ian
guage, and abiding by the result, much bet
ter than to throw their contention into the
complicated machinery of the courts.
This is no reflection upon the courts, but it
is reminder that the swift processes of per-
sonal adjustment are always better than the
slower, If more accurate, processes of any sort
of machinery in cases where personal ADJUST
ment is possible.
Going to court means delay Lawyers are
human, and if they can make a good living
by delaying a case along it is great tempta-
ton for them not to settle it quickly. The
best lawyers do not yield to this temptation.
But all lawyers are not the best.
Going to court implies expense. Necessari-
ly, the complicated apparatus of official JUS
tice has to be paid for.
Going to court often means bitterness, for
by the time the fight is over we may have won
our judgment for thousand dollars and Gre
ated hard feelings that will cost us ten thoI-
sand. Besides this, the courts are already
overcrowded calendars are too full, and the
judges are overWorked.
The whole gist of arbitration lies in the
fact that in most cases of business dispute
both parties are honest and want to do the
fair thing. Of course there are instances where
one side is crooked, unjust and vindicti--e.
Maybe both sides. But in ninety-nine in
stances out of hundred the dispute is caused
by different point of view, different appre-
hension of the facts, and not over plain de-
sire to do a wrong.
The arbitration law in New York state
provides that "Two or more persons can agree
in writing to submit any actionable differen ;
or controversy to arbitration, and such VIZ t.
ten agreement to arbitrate is binding and r.
revocable." 1t provides that the arbitrators
selected by the parties shall have power
subpoena witnesses and otherwise exercise
the same authority as j: dge. 1t also en-
powers the court to confirm the award 81 }
arbitrator, which then becomes judgm ent
of that court, and enforceable like any other
Judgment. This award of the arbitrator 5
final and will be vacated by the court only
if procured by fraud. The constitutionality
of this law has been confirmed by the Nrt
of appeals
It would save lot of trouble expense i
unpleasantness if every contract should con-
tain the following cause, which is recodL
ed by the Arbitration Society of America:
Copyright, 1929