Understanding just what the five methods or strategies of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …
When people are in conflict, they can choose either conflict resolution or conflict management. While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved. The two processes have different objectives and will often achieve different outcomes …
Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …
Read moreArbitration vs. Litigation: What Is The Difference?
What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time. Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …
By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …
Read moreSecond Circuit Arbitral Award: 2020 in Review (Part I of III)
Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration.
Similar in some ways to a judgment from a court, an arbitration award decides how the dispute will be resolved. See how it differs from a litigation judgment.
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. …
Is a Mandatory Settlement Conference, a Mediation? How does it work? Is it confidential? What should you expect? Learn more from ADR Times.
When we find ourselves in the midst of a dispute that requires a greater exposure to the legal system, the system can feel unfamiliar and overwhelming. This is where attorneys will often step in to fill the gap.
