Businesses Urged to Consider Mediating Y2K Legal Problems
(Page 2 of 2)
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If this fails, alternative dispute resolution is the next
logical step, rather than litigation. 'It is not in the best
interest to businesses or the customers for a public lawsuit to
occur,' Pearl said. 'Mediation keep costs down, and it doesn't push
parties into opposite corners like a boxing match.'
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While alternative dispute resolution is no guarantee that the
dispute will not end up in court, Pearl said, about 80 percent of
businesses that try alternative dispute resolution settle the
dispute privately and amicably.
However, if all else fails, the businesses may have to take the
lawsuit route. Pearl points out that the association does not
advocate alternative dispute resolution with consumer problems with
Y2K, only business-to-business relationships.
While alternative dispute resolution is a good way to deal with
the potential burden of Y2K lawsuits, Pearl admits that there is
resistance. 'ADR to lawyers is a lot like holistic medicine is to
medical doctors. There's a cultural impediment to go to ADR.'
Contact: Marc Pearl, general counsel and senior vice
president of government affairs, The Information Technology
Association of America, Arlington, Va., 703-522-5505; web site:
www.itaa.org/year2000.
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