Excerpt from Wright on Building Arbitrations: A Manual for Architects, Students, Contractors and Construction Engineers

A building arbitration in its broadest sense is, we may consider, a kind Of friendly tribunal substituted for a regularly recognized court, and permitted by statute which is, very properly, somewhat arbitrary and strict in regard to the proper methodsof procedure. The bringing about of arbitra tion is a voluntary act on the part of disputants, who by its means select their own judges, and it. Becomes, when properly conducted, a speedy and inexpensive, and should be a friendly way of finally adjusting and determining almost any dispute which may arise in connection with construction work. It must not, however, be supposed by the layman that arbitration can at all times take the place Of the law, nor does it by any means dispense with the services of the competent attorney. Indeed, in unusually difficult or complicated controversies, professional legal advice as to the course of procedure is recommended, particularly in the preparation Of the Submission, which forms an extremely important document. In such cases, too, the form of the award (but not the actual award) should be pre pared by or under the advice of counsel; Arbitration must appeal to honest men, and to men who think right. It is not for the unprincipled, and men whose sole desire is to get the best of each other. It is an honest andmanly way to settle an honest difference between man and man. The Chicago Daily Tribune of February 1, quoted the recent remarks of a prominent jurist at a monthly meeting of the Chicago Bar Association as follows: The chief reasons why the members were discussing the questions Of reform in the practice and procedure Of their courts, was the demand through out the United States that legal procedure be made more effec tive, more speedy, more just. At the same meeting the presi dent read a letter expressing the views of another distinguished member Of the Chicago Bar, as follows: The great and, in my opinion, chief trouble with our administration Of the law is that a trial in court is regarded and treated as a 'battle, ' in which the contestants may, without loss of self-respect, use all means not bordering upon the downright criminal, to gain their ends, and if deemed expedient, to obstruct the cause Of justice. Another member present recited the simplicity Of procedure in Courts of Admiralty. We proceed, said he, as if they were courts Of justice. The procedure in the State Courts is such an abomination that if the laymen knew as much about the practice as we do, they would rise up and smite it.

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