When parties cannot reach an agreement, or when an issue needs to be decided to make an agreement more likely, an arbitration of the case or the issue is an efficient solution. Tom has served as an arbitrator, and has tried cases in arbitration. Broad substantive experience makes him knowledgeable about an unusually diverse range of legal issues and industries. His approach to arbitration reflects a number of principles:
- Arbitration is a consensual process. The parties' agreements and views are central to the process.
- Schedules are real. Efficiency and fairness require adherence to agreed schedules and expeditious outcomes.
- Discovery (if any) should be focused and limited to what is essential.
- Absent compelling reasons otherwise, parties are entitled to a hearing.
- Apply the law. Arbitrators are not engaged to be arbitrary.
- Written awards should be enforceable and issued promptly.