Drafting the Perfect Arbitration Agreement

What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across-the-board, there is no such thing. Of course, there are provisions that probably should be in your agreement, but not as many as you might think. For example, what about a loser-pays attorneys’ fees provision? It depends. …

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The Special Master: A Mediator Wearing Many Hats

The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.

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