Arbitration, which dates back to ancient Rome as a technique for settling disputes, is being advocated as a widening alternative to “going to court” in certain non-criminal cases. Use of professional arbitrators, Chief Justice Warren E. Burger told 2,000 business leaders at the U. S. Chamber of Commerce’s recent 70th annual meeting, “will not supplant courts and lawyers but complement the courts.” The American Arbitration Association currently supplies competent mediators in the commercial field and the system often is used in labor cases. The technique also seems appropriate in such cases as landlord – tenant disputes property distribution. and domestic problems. In the business field contractual issues and other such matters are prime candidates for arbitration. Burger. who also advocated increased use of arbitration when he addressed the American Bar Association more than a year ago, said the system ” would help relieve overloaded state and federal courts. Mediating a case, he told the Chamber of Commerce gathering. offers the advantages of speed. low cost, and confidentiality. You can understand his reasoning on the first point in the light of the crowded courts. In the U. S. Supreme Court alone, filings have increased from 1.800 to 5.400 cases per year during Burger’s tenure on the bench. As for confidentiality, when a case is filed in the courts. it becomes the public’s business, if it isn’t already. That adds pressure and such things as pride and face-saving become factors. To underscore a basic point, arbitration should be considered only as an alternate course. No one should be denied the right of “due process” in the courts. Since Burger heads the federal court system. it is E appropriate that he is taking the lead to point out opportunities available under arbitration. Further public enlightenment on the details would help people put the program in its proper perspective and un erstand its use. /