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One of the benefits of both traditional and online ADR is that the parties can control much of the process, including selecting an arbitrator and shaping the arbitrator’s powers and authority. However, the arbitrators also have a great deal of control thanks to the relative informality of ADR compared to a courtroom setting. Many skilled…

The Officer found that the Respondent’s insured was responsible for the accident’…how many times have you seen this narrative presented in a party’s Contentions regarding their case ? ‘We direct the Arbitrator to page 3 of the Police Report and the highlighted portion for Charges assessed Unit # 1’. How many times have you NOT…

Online ADR for attorneys is a unique opportunity to handle cases that otherwise would not be practical or cost-effective to take on in a traditional, “brick and mortar” way. Litigation and traditional ADR can be time-consuming and expensive. This in turn limits an attorney’s ability to accept new cases. This is particularly true when the…

Damages cases and particularly Material Damages cases rely heavily on Documentary proofs. This is not to say that other forms of Evidence are not pertinent to the overall Prima Facie Burden, but it is just that competing Damages assessments will most often be evaluated from competing Damages documents. It is true that line items seen…

While ADR has many advantages over litigation, traditional ADR can still be a relatively expensive and inefficient option. Rising costs related to party, counsel, witness and arbitrator travel fees, can limit the benefits of ADR, particularly in small cases. As a result, many claims are not pursued because of the time and money involved. Fortunately,…