A common question that a person considering arbitration will ask is whether the arbitration decision, called an award, may be appealed. Critics of arbitration will often discuss the heavily limited scope of review of arbitral awards and state that this is a severe disadvantage to arbitration given that people surrender the control of their …
Finding a Way Out of a Subpoena After receiving a subpoena, the first thing many people wonder is what some valid reasons they could use to get out of a subpoena are. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly …
Arbitration Forums is the nation’s largest arbitration and subrogation services provider that effectively and efficiently serves the insurance and claims industry. In disputes involving insurance companies that have outstanding claims with another insurance company, the dispute would usually be submitted to the courts to decide which insurance company owes the claim. However, Arbitration Forums provide …
Med-Arb is a long-standing and robust practice that combines the flexibility and self-determination inherent in mediation with the certainty and finality of arbitration. Med-Arb has become widely used in the last decade. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged in …
Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes.Among these advantages are: – party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), – certainty of forum (the risks of inconsistent results can be …
Read moreThe Arbitrability of Intellectual Property Disputes
I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases. While there’s no way to guarantee a lawsuit won’t …
In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century. He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution such as “med-arb,” a process …
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A final decision in dispute resolution is often not the first thing on a party’s mind. Often the parties will go to dispute resolution to better understand the dispute and work toward an agreement if possible. If the parties would like to see anything come out of the dispute, they will need to accomplish a …
Employment arbitration statistics show that arbitration is on the rise as a mechanism to resolve employment disputes. However, this process has received criticism from employees and those who protect them because it can provide an unfair advantage to employers and may remove the rights of employees to use the courts to resolve their dispute. The …
