On this episode of the Inside BS Show, Dave Lorenzo interviews arbitration expert Elaine Caprio. Together, they unravel the inner workings of arbitration and mediation—how they differ, why companies choose them, and how they are conducted. Elaine brings clarity to the complex world of dispute resolution, shares behind-the-scenes insight into how arbitrators are chosen, and reveals what really happens during confidential proceedings. Whether you're a lawyer, business owner, or executive, this masterclass will help you understand how to protect your interests when disputes arise.
What You’ll Discover Today:
- The critical difference between arbitration and mediation
- Why arbitration may be preferable to litigation in business disputes
- The process for appointing arbitrators and umpires
- The role of confidentiality and neutrality in arbitration
- What happens when arbitrators get it wrong
- How to write an effective arbitration clause in a contract
- How mediators bring opposing parties together—when it works and when it doesn’t
- Elaine’s mission to increase gender parity on corporate boards
Key Topics Discussed:
- How arbitration is initiated and structured
- Summary judgment and admissibility of evidence in arbitration
- Variations in rules between AAA, JAMS, and reinsurance arbitration
- The value of industry experience in resolving complex disputes
- The American Rule vs. the English Rule on attorneys’ fees
- When mediation is most effective and how mediators navigate personality dynamics
- Elaine Caprio’s nonprofit work on gender equality in boardrooms
