In order to correctly answer the question “How does arbitration work?”, we need to understand the context behind the dispute. Arbitration is an adjudicatory alternative dispute resolution (ADR) process, in which the parties agree to have a neutral third party or parties decide the outcome of a dispute. The Federal Arbitration Act (FAA) was enacted …
How to prepare for a real estate arbitration? When problems arise in buying or selling real estate, many participants have started to turn to real estate arbitration and mediation. Buying and selling real estate is a big decision, whether it is a family home or a giant corporate center. Negotiating and agreeing on a price …
AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
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. For starters, pre-arbitration is a step in the re-presentment process of challenging a consumer’s chargeback case. …
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 …
How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …
Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …
For those looking to begin a career in dispute resolution or hoping to become a professional mediator, the first step is often looking at the options to earn a mediator certification online. Mediation certification is not regulated by most states, so it can often be difficult to determine what mediation certification is the correct one …
Med-Arb is a long-standing and robust alternative dispute resolution practice that combines the mediation and arbitration processes. Med-Arb has become widely used in the last decade as an alternative dispute resolution process. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged …