Business litigation involves presenting issues with business and corporate entities to the courts and arguing for business entities in court. Various topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time to complete. Understanding business …
The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …
Agreeing to arbitration before a dispute: most signed contracts have predispute arbitration clauses. Businesses and companies have been implementing arbitration to resolve disputes outside traditional litigation. It creates a space for parties to resolve conflicts confidently and efficiently while still issuing binding decisions for the parties to follow. As the popularity of arbitration has grown, so …
Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights, winning, and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view it as …
If you have ever signed a contract, you have probably asked, “Should I sign an arbitration agreement?” The most common place people may see an arbitration agreement that gives them pause is an employment agreement. Many companies have begun to include arbitration agreements in their contracts with employees because it may make dispute resolution cheaper …
Can I be fired for not signing an arbitration agreement? Finally! After months of looking for a new job, sending out resumes, making phone calls, going for interviews, and suffering disappointments, a decent company has made a good offer. It’s not everything you want, but times are hard. The head of HR puts you in …
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …
What happens after an appeal is granted? Your appeal was successful. Now what? You have been fighting with your former business partner for over five years, which has taken much time, money, and energy. You were shocked when the trial court ruled against you. It was difficult to decide to commit further resources to an …
Final offer arbitration (FOA) is a conflict resolution method that involves an arbitrator or a panel of three arbitrators. Conventional arbitration has been criticized because arbitrators supposedly arrive at awards by “splitting the difference” between the parties’ positions. Such behavior diminishes concession-making and may even drive parties to take more extreme positions in the hope …
What is pre-arbitration? How does pre-arbitration affect the chargeback process? And what does the pre-arbitration process look like? This blog will explain how pre-arbitration works, when it’s used, and how pre-arbitration into the larger picture of the chargeback procedure. Pre-arbitration is a step in the re-presentment process of challenging a consumer’s chargeback case. While this …