When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration. This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award. Arbitration is often the end of the road because …
Is Arbitration Really Faster? Because arbitration is often touted as a cheaper and quicker resolution when compared to litigation, curious minds may wonder how long arbitration takes. While many proponents of arbitration state that it often moves more quickly than litigation, critics state that many times, it can just as long as litigation. While this …
When people are seeking out alternative dispute resolution services in the United States, many will look straight to NAM: National Arbitration and Mediation. NAM has regularly been recognized as the leading alternative dispute resolution provider in the United States has provided exceptional service for almost 30 years. The services provided by NAM and the …
As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute. Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world. It is what …
While much of the alternative dispute resolution world, and many other professional fields, love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality. Understanding these limits is a vital aspect of sharing your information and keeping your information confidential. Without a clear understanding of when confidentiality will …
Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children. The spark between them died years ago. They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …
Negotiating the terms of a contract can be difficult, and when the parties are not able to reach an agreement because of something that may happen in the future, they may decide to use a contingent contract to form an agreement. A contingent contract may sound like an oxymoron, as the finality of contracts is …
Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …
It’s been said that “not to decide is to decide.” But unless there is only one possible result of inaction, not making a decision surrenders to chaos. Indecision perpetrates the status quo only where a situation is static, which is not often the case. Where conflict is ongoing, it will continue unless parties become exhausted, …
Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution. Conciliation is a method of dispute resolution that …
Read moreConciliation Process: A Step-by-Step Guide (Part I of II)
