Remote Hearings: A New Dawn or a Reawakening?

Remote Hearings - ADR Times

By Joe Tirado The global coronavirus pandemic has had an enormous impact on all aspects of our lives. Face-to-face meetings have all but disappeared. We have all had to adapt, and the legal profession has been no exception. This is true of both litigation and arbitration practice, although one important area that has been hit …

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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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International NDA: All You Need to Know

international NDA

In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA.  This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them.  When this is the case, the parties may …

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Is More Always Better? A look at the AAA’s Streamlined Panel Option

AAA’s streamlined panel

By Angela Romero Valedón and Sarah Burris Clayton. Introduction As part of the American Arbitration Association®’s (AAA) continued efforts to keep arbitration efficient and cost-effective, it formalized what had been somewhat common practice by adding an optional “feature” to its case administration.  The Streamlined Three-Arbitrator Panel Option,  which AAA added as an option for Commercial …

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Arbitration Panels: Advantages and Disadvantages

Arbitration Panel

Undoubtedly, most arbitration agreements call for a single arbitrator.  But some agreements call for a panel of three sometimes called a tripartite panel.  The tripartite arbitration panel is not a new concept. President George Washington will reportedly be called for the appointment of a three-arbitrator panel in the event of a dispute about his estate. …

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Alternative Dispute Resolution Conciliation

Alternative dispute resolution conciliation

When talking about alternative dispute resolution, conciliation is a necessary technique to discuss.  The process helps parties come up with solutions and find new ways to consider a solution.  It is a creative process between the parties and the conciliator to identify solutions that are outside of the realm of what the parties have considered …

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Dispute Resolution Continuum

ADR Continuum - ADR Times

­­ We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …

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Texas Arbitration Act

Texas Arbitration Act

The Texas Arbitration Act is the governing law over arbitrations occurring in Texas.  The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state.  While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …

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What is a Trial by Declaration?

What is a Trial by Declaration?

Today was not starting well. A few minutes late for an early morning meeting, you drive a little faster than usual through a winding bit of road. Out of nowhere, a police motorcycle appears behind you and signaled to you to over.  Mystified, you comply. “Did you know you were speeding?” asks the officer, her …

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