Businesses Urged to Consider Mediating Y2K Legal Problems
Web Specials Archives
American News Service (www.americannews.com)
ARLINGTON, Va. -- With some analysts predicting that Y2K willspawn
billions of dollars in lawsuits because of service and product
failures, businesses need alternatives to litigation, says Marc
Pearl of the Information Technology Association of America, a
nonprofit trade association of information technology
professionals.
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'Mediation needs to be encouraged, not litigation,' said Pearl,
general counsel and senior vice president of government affairs for
the association.
Alternative dispute resolution is a good strategy to address Y2K
disputes between businesses, Pearl said. The association, along
with a national alternative dispute resolution provider,
JAMS/ENDDISPUTE, have developed a web site for organizations
interesting in establishing a business strategy to deal with Y2K
disputes before any problems actually occur.
The free information on the web site, www.itaa.org/year2000, is
designed to assist companies to build alternative dispute
resolution clauses into their current and future contracts with
vendors, suppliers, customers, risk managers and others. If a
dispute arises, it also helps businesses access ADR services.
'We are not looking at this in a postlitigation mentality, but
we're more concerned with how businesses can maintain their
relationships,' said Pearl. 'Most businesses, like marriages, don't
enter a relationship because they want to end up in court.' But
sometimes, like a marriage, businesses need to enter into a kind of
pre-nuptial agreement, particularly now with the uncertainty of Y2K
failures, he said.
According to Pearl, businesses should first try to resolve any
potential Y2K problems without any legal intervention, even by
employing mediators.