NCJ Number
99895
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1449-1461
Date Published
1984
Length
13 pages
Annotation
A description of the history and structure of the compulsory arbitration program in Philadelphia focuses on the changes made in 1981, when the program started to operate out of a central location in the city.
Abstract
The legal basis for arbitration dates back to an 1836 law, but the modern arbitration system began in 1958. In that year, a program was adopted that required arbitration in cases involving less than $2,000 be administered by the municipal court. The State Supreme Court and local judges have added procedural rules to the statutory program, and all cases involving less than $20,000 must now go to arbitration. Where larger amounts are involved, the parties may ask that the matter be transferred to arbitration. In addition, in cases referred to trial, judges who determine that the amount involved is less than $20,000 may refer the case to arbitration. Until 1981, the chairman of the group of three arbitrators selected for a case chose the location for the hearing. However, the increasing number of cases resulted in backlogs. In May 1981, Judge Bradley of the Philadelphia County Court of Common Pleas initiated a major revision of the program. It was moved into an arbitration center so that panels of arbitrators could hear cases almost continuously. Cases are scheduled at the time of filing, and emergency panels are available on short notice if caseloads warrant. The advanced scheduling, the modern facility, and the minimal delays are all sources of approval by lawyers and judges. Footnotes.