Who can be an arbitrator? Let’s find out! I. The arbitration boom. Arbitration is booming. The United States Department of Labor estimates that the demand for arbitrators will grow at twice the rate expected for other occupations between now and the end of the decade. Nor is the trend confined to the United …
In the second part of a series focusing on introducing the best resources on ADR, this article will look at the top 12 best law school dispute resolution programs. Each year, US News ranks universities, law schools, and other graduate schools based on their academic strength, professors, programs, and admissions, along with a host of …
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
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 …
Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process. However, the procedures are very different. Each system presents its own benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each …
Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed. Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
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 dispute …
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 …
