One-Man ADR

There are Alternative Dispute Resolution (ADR) processes, and then there’s Ken Feinberg. Mr. Feinberg has become a one-man process unto himself, a unique blend of mediation and arbitration, completely outside the judicial system. Michael Lewis, in his podcast series “Against the Rules,” interviews Mr. Feinberg and delves into aspects of his power and authority, in episode 5, “The Neutral,” released a couple weeks ago. It’s worth a listen, for anyone who is a mediator or arbitrator, or for anyone who hires such. Mr. Feinberg has privately settled financial disputes associated with just about all the recent disasters in the U.S., from the 9/11 families to the Boston Marathon bombings to Catholic Church priest abuse cases in New York to the Pittsburgh synagogue shootings this past fall. His approach raises all kinds of questions for purists, but the bottom line is, it works.