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Material Damage disputes in subrogation arbitration…a topic we kind of knew might take up the bulk of a year. When we first started writing about it with our January 1, 2018 edition the thought was let’s research as much as we can about how advocates and Arbitrators alike view effective Damages cases in arbitration and then…

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Mediation is often misunderstood as a dispute resolution process because it is a more flexible than either arbitration or litigation. It relies on a neutral party (a mediator) helping the opposing parties come to an agreement, instead of imposing a solution on them. How mediators work with the parties can vary significantly so it is…

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The Applicant looks to the Panelist for a Favorable Decision.’  How many times do you see that verbiage at the end of Contentions in Arbitration. Closing out your Contentions and the ‘Damages’ portion is not that dissimilar than the conclusion you would place for a ‘Liability’ ruling. First and foremost ‘Favorable’ is not much different than ‘Fair’….

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The Supreme Court has agreed to review three arbitration-centric cases next Term, something it has not done since 1960. The cases raise important issues that could impact securities arbitration under FINRA’s rules, and arbitration in general under the AAA’s rules. New Prime, Inc. v. Oliveira, No. 17-340: SCOTUS on February 26thgranted Certiorari, which seeks review of…

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Alternative dispute resolution (ADR) is a great option for addressing trust and estate disputes. In fact, the Father of Our Country, George Washington, chose to provide for ADR in his own will.[i]ADR has many benefits over litigation in resolving disputes including reduced costs, faster resolution, privacy, confidentiality, and informality when compared to litigation. ADR also offers…

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