A Notice of Arbitration: What You Should Know

Arbitration Notice

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 …

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A Predispute Arbitration Clause Explained

predispute arbitration clause

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 …

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Mediation Tips and Tricks: Top 5 Tips

Mediation Tips and Tricks

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 …

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Should I Sign An Arbitration Agreement? A Guide

Should I sign an arbitration agreement

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 …

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Binding Mediation: An Affordable ADR Option

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 …

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What Happens After An Appeal Is Granted?

What Happens After An Appeal Is Granted?

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 …

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Final Offer Arbitration: A Detailed Analysis

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 …

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The Pre-Arbitration Process: Explained

Pre Arbitration

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 …

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How Long Does Arbitration Take? A Closer Look

How long does arbitration take

Because arbitration is often touted as a cheaper and quicker resolution compared to litigation, curious minds may wonder how long arbitration takes.  While many proponents of arbitration state that it often moves more quickly than litigation, critics state that it can be just as long as traditional litigation in the court system.  While this may …

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