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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By David W. Ichel | August 16, 2023
Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected.
6 minute read
By Max Mitchell | August 14, 2023
"The parties are spending a lot of time and money litigating almost as if they're in court," Sarchio said, noting that one recent arbitration involved around 72 document requests. "I keep telling them, this is arbitration. It's supposed to be streamlined."
9 minute read
By Abraham J. Gafni | August 14, 2023
Section 12 requires that "notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered." Courts have generally been quite strict in holding that such notices be filed within the three-month period.
7 minute read
By Joe Murphey | August 10, 2023
There's a lot written about how to prepare for mediation, but much of that centers on what to do. The focus over these next few paragraphs will be what to prepare not to do at mediation—issues and tactics to leave out of your backpack when you hit the mediation trail.
7 minute read
By Adolfo Pesquera | August 9, 2023
"Because we have no evidence as to the exact interest, the appellants have not proved such a duty exists," Chief Justice Tracy Christopher said.
4 minute read
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
9 minute read
By John M. Delehanty | August 7, 2023
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
6 minute read
By Charles Toutant | August 3, 2023
"Upon information and belief, Shay refers his bankruptcy clients, like claimants, to Swigart because recently discharged debtors are more inclined to file frivolous litigation for potentially quick settlements," the suit said.
5 minute read
By Greg Derin | July 31, 2023
Mediators often find parties paralyzed by indecision as they confront what appears to be a blizzard of issues, facts, and choices, according to Greg Derin, a mediator and arbitrator at Signature Resolution.
6 minute read
By John Amabile and Eric Cottrell | July 27, 2023
The court's ruling in Coinbase v. Bielski makes arbitration that much more attractive to large companies and many other businesses. They and their lawyers can view the decision as another tool to pause or avoid class actions and other types of expensive litigation in favor of arbitration.
7 minute read
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