November 22, 2009
UTNE READER

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.

COPYRIGHT 1999 The American News Service, 289 Fox Farm Road, Brattleboro , VT 05301. For further information, please call 1-800-654-NEWS or e-mail info@americannews.com.

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