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 …

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What Does Litigate Mean?

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 …

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Implied Contracts Explained

Implied Contracts

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 …

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EEOC Mediation

Resolving employment discrimination claims through the EEOC is often a headache for all of the parties involved, meaning that both the employee and the employer will benefit from having the EEOC mediation process explained.  The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations are called claims.  During this investigation …

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Texas Arbitration Act

Texas Arbitration Act

The Texas Arbitration Act is the governing law over arbitrations occurring in Texas.  The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state.  While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …

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AAA Construction Rules

AAA Construction Rules

When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association.  It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …

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AAA Environmental Training

AAA Environmental Training

The web of American environmental laws:  Though he is usually remembered for other things, Richard Nixon was in some ways our most environmentally friendly president. Most observers mark the September 1962 publication of marine biologist Rachel Carson’s Silent Spring (warning about the environmental damage done by synthetic pesticides like DDT) as the beginning of the …

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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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What is the Federal Mediation and Conciliation Service (FMCS)?

FMCS New Mediator Class of 2019

The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.

The ADA Interactive Reasonable Accommodation Process

The ADA Interactive Reasonable Accommodation Process

The Americans With Disabilities Act (ADA) requires covered employers to grant reasonable accommodations to those otherwise qualified employees who are able to complete the essential functions of the job with or without reasonable accommodation. The employer may negate the duty by showing that the only possible reasonable accommodations impose an undue hardship on the employer.

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