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, …
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.
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 …
There may come a time in a marriage where a couple contemplates getting a divorce. There are several options and factors to keep in mind for those considering a divorce or legal separation.
Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.
Many people have gone through, or at least heard of, divorce mediation. In that process, parties try to reach agreement about the division of property, spousal and child support, custody and visitation. Of course it doesn’t solve everything. All of these ideas are fairly familiar.