What is an Arbitration Award?
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.
Litigation
What are Four Types of 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 …
Limits of Confidentiality
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 …
Arbitration vs. Litigation: What Is The Difference?
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 …
Valid Reasons to Get Out of a Subpoena
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
What is Commercial Impracticability?
Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim. The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …
Disadvantages of Arbitration
Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
Win Your Personal Injury Claims
If you or someone you love was injured in some way, you may be wondering how to win your personal injury claim. Personal injury claims make up a large portion of the civil claims that are heard each year because people will often be hurt by negligence or other conduct on the part of manufacturers, …
What Does Litigate Mean?
The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …
Implied Contracts Explained
Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Implied contracts are actions or behaviors on the part of the parties that demonstrate an agreement between the parties, even if it is not spoken. These contracts are compared to express …
