Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

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 …

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Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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The Arbitrability of Intellectual Property Disputes

Arbitration Faces Challenges On Two Fronts

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 …

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UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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Arbitrating Employment Disputes 

Arbitrating Employment Disputes 

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 …

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What are Four Types of Out of Court Settlements?

Out of Court Settlements

Out-of-court settlements are becoming a common goal in a variety of disputes.  Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts.  But many people are unaware of the …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

What a mess. Recently, you were driving the middle car during a three-car accident.  Your car was totaled, you had to have leg surgery.  You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …

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Bird Nesting Divorce: Shuttle Parenting

Bird Nesting Divorce

Bird nesting is a way that couples have sought to lessen the effects of divorce on their children.  Divorce is often a time of stress and change for both the couple and their children.  Often one of the changes that the couple needs to grow into is the separate living situations, which can often be …

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Marriage Mediator: Why do You Need One?

Marriage Mediator

When couples are facing issues with their marriage and are starting to consider divorce, a marriage mediator may be an answer to saving the marriage that the couple did not know existed.  While most people associate mediation and marriages with divorce mediation, there is a growing practice with mediators stepping in before the parties are …

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Divorce Without Court Explained

Divorce Without Court

Navigating a divorce can be intimidating, especially if the couple is hoping to get divorced without court.  When you remove the oversight of a court case from a divorce, it can feel overwhelming to determine how and when things will be completed.  Some many considerations and decisions need to be made by two people that …

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