The Legal Intelligencer | Commentary
By Abraham J. Gafni | February 6, 2023
What if the claimant, pursuant to a mandatory arbitration provision, fails to demand arbitration of a dispute before the statute of limitations had expired on its substantive claim for breach of contract. Has the claimant waived its right to compel arbitration?
By The Legal Intelligencer | January 10, 2023
In The Legal's Alternative Dispute Resolution supplement, read about how to be an effective advocate, find out how to achieve a collaborative process for parents seeking a divorce and learn about some great strategies for selecting the right arbitrator.
The Legal Intelligencer | Commentary
By Matthew Green | January 5, 2023
With little ability to overturn an arbitrator's award, it is critical that you select an arbitrator right for your case and client.
The Legal Intelligencer | Commentary
By Thomas Gulick and Lauren Anthony | January 4, 2023
ADR can be more efficient in terms of saving time versus taking a case to trial. Intellectual property cases are no exception, and ADR processes—which may also allow for emergency or temporary relief—can provide relief from extensive court backlogs.
The Legal Intelligencer | Commentary
By Lindsay A. Nemit | January 4, 2023
When a marriage is broken and the couple truly can't move forward together, the collaborative law process is an alternative to litigation that allows the parties to focus on values, interests, and priorities they still share.
The Legal Intelligencer | Commentary
By June J. Essis and Katherine Tenzinger | January 3, 2023
With the right preparation and planning, mediation can prove to be a powerful tool for resolving high exposure cases. In this article, we review considerations that should be addressed to set your high exposure case up for settling success.
The Legal Intelligencer | Commentary
By Charles F. Forer | January 3, 2023
Any cursory legal research would have uncovered the Pennsylvania Superior Court's recent opinion in Chilutti v. Uber Technologies, No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. Oct. 12, 2022). There, a ride-sharing customer purportedly entered into a mandatory binding arbitration agreement via a set of hyperlinked "terms and conditions" that—like Bob—he never had clicked on, viewed, or read.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | January 3, 2023
In any mediation, the parties are looking to counsel and the mediator to set the tone. Better preparation, careful listening and focusing on the stakeholders, can make the process less painful and the result more palatable for our clients.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 12, 2022
Increasingly, courts are directing parties to mediate their disputes prior to trial. Failure to appear at the mediation can subject a party to court-imposed sanctions. But may the attorney whose client does not comply with the court's order face sanctions as well?
The Legal Intelligencer | Commentary
By Charles F. Forer | November 15, 2022
An agreement to arbitrate arbitrability doesn't have to be in writing. A court will conclude that a party agreed to have the arbitrator decide arbitrability as well as merits issues, even without the party's written consent, if the party willingly participates in the arbitration without objecting to the arbitrator's jurisdiction or authority.
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