The Legal Intelligencer | Commentary
By Abraham J. Gafni | June 21, 2021
Contracting and disputing parties agree to arbitration for varying reasons. These may include the right to select the arbitrator, the privacy of the procedure, and the earlier resolution of the matter with potentially lesser expense by reason of flexible rules of discovery and evidence.
The Legal Intelligencer | News
By Justin Henry | May 26, 2021
Claudia Springer said some clients from her former firm put her on their list of suggested mediators as she shifts into a different kind of role.
The Legal Intelligencer | Commentary
By Charles F. Forer | May 17, 2021
Ensuring some type of judicial review was a good thing in this instance. Bob's client got creamed in the arbitration because—according to Bob—the arbitrator manifestly disregarded the applicable law and made a mockery of due process.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | April 13, 2021
Upon reconsideration, a client may become unwilling to honor the prior understanding. The adversary is, of course, upset. After all, the settlement was reached not only between the parties, but with the assistance of and in the presence of a mediator.
The Legal Intelligencer | Commentary
By Charles F. Forer | March 17, 2021
Bob just learned that one of the three arbitrators is hospitalized with COVID-19 and must step down from the panel. The same panel that has not received the post-hearing briefs, let alone made its final arbitration award.
By Amanda Bronstad | March 8, 2021
A year after the COVID-19 pandemic shut down everything, federal judges overwhelmingly have sent the cases to arbitration, including those against Major League Baseball, Ticketmaster and LA Fitness. The rulings come as lawmakers in both houses of Congress have introduced legislation that would ban forced arbitration, which is prevalent in consumer cases.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | February 8, 2021
Arbitration is often preferred by contesting parties for many reasons. These may include speed, procedural or evidentiary requirements, decisions by arbitrators with special expertise, no public disclosure of the existence of a dispute or information relating to it, and avoidance of the appellate process.
The Legal Intelligencer | Commentary
By Ed Gray | February 4, 2021
How is it that the expectations of parties to an action can be so different? Can it be the law and facts are unknown to one party? Or can It be that parties are not abstract representatives of a side but human beings.
The Legal Intelligencer | Commentary
By Diane M. Welsh | February 3, 2021
Since the COVID-19 pandemic forced Philadelphia's courts to close their doors, judges and their staff have carried on admirably. Although trials have been suspended, judges have been conducting settlement conferences telephonically and holding oral arguments.
By The Legal Intelligencer | February 2, 2021
In The Legal's Alternative Dispute Resolution supplement, read about divorce during the pandemic, why virtual mediation is here to stay and third-party discovery subpoenas in arbitration.
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