Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods 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 …

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Who are the Sole Beneficiaries of Business?

Who are the Sole Beneficiaries of Business

Benefitting from Business Trusts When considering a trust for a business, an entrepreneur may have questions such as who are the sole beneficiaries and the trustees of a business trust.  Trusts come with a whole host of new languages and considerations that need to be made.  Placing a business in a trust can be beneficial …

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What Happens if You Lose in Arbitration?

What Happens if You Lose in Arbitration?

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 …

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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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Demand for Arbitration

Demand for Arbitration

When a party is looking to begin the process of arbitration, they will usually create and send a demand for arbitration.  A demand for arbitration is what will start the arbitration process as the parties have agreed upon.  Those on the receiving end may or may not understand what the process means, but they will …

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How Long Does Arbitration Take?

How long does arbitration take

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 …

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Locus Standi Clarified

Locus Standi

When bringing a lawsuit, the parties may need the term locus standi clarified.  The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept.  Yet having locus standi is the foundation of bringing …

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Same Sex Custody Cases

Same Sex Custody Cases

While the rights of gay and lesbian couples to marry were expanded by the Supreme Court in 2015, there are still many issues when it comes to same-sex custody cases.  Cases, where the parents of a child are of the same gender, can have a variety of unique issues that the Courts will have to …

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What is a Contingent Contract?

What is a Contingent Contract?

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 …

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