BOARD OF ED., ETC. v. W. Harley Miller, Inc.

I must concur because the majority has not clearly abolished archaic rules regarding arbitration which are passé and ineffective. The majority opinion traces the history of arbitration and reaches the correct result, but in doing so obfuscates rather than overrules a century’s collected confusion. The majority opinion does not clearly further a policy of conflict resolution, although I believe that that is the intent of the decision.

*129Arbitration as a means of conflict resolution appeared in West Virginia case law as early as 1867. Boring v. Boring, 2 W. Va. 297 (1867). The common law favored…