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Many used car dealerships offer free limited warranties to incentivize buyers to purchase cars. Unfortunately, when there is a dispute over what is covered by a warranty, litigation can be very expensive, particularly for small claims. No matter the dollar amount, the dealer’s attorney still must show up in court to argue the matter because…

By Mark D. Norych, Esq. President and General Counsel Arbitration Resolution Services, Inc. Contracts are legally enforceable agreements which are usually, but not necessarily, in writing and involve some type of transaction. Historically, the only way to enforce a contract in the event of a breach was to file a law suit. Law suits are…

One of the benefits of ADR is that the parties can agree in advance which ADR provider they will use and what rules would govern in the event of a dispute. However, even when a particular provider is expressly designated in an agreement, the parties can always consent to other terms. A recent matter before ARS…

Celebrating 300 issues of the Arbitration Blog with the most essential tips for advocates: Evidence Proves The Case…an advocate strives to show the ‘Correctness’ of their position before the Arbitrator … There are seven (7) kinds of Evidence in subrogation arbitration… Refute, Transition and Support is the mantra for every Counterclaim… It is always what…

By George H. Friedman* Chairman of the Board, Arbitration Resolution Services   The other day I was researching the split in the federal Circuits on whether Federal Arbitration Act(“FAA”) section 7 empowers Arbitrators to compel third-parties to produce documents outside the formal evidentiary arbitration hearing.[1]It occurred to me that, based on a strict, literal reading of…

I should Win every case I present because the narrative offered and the Evidence submitted will  prove the ‘correctness’ of my position! Every Writer of Contentions for Arbitration cases no doubt has that belief. At the same time…if you’ve spent any time as an actual Arbitrator or case presenter you know some cases are simply…

By George H. Friedman, Chairman of the Board of Directors of Arbitration Resolution Services* When I entered the dispute resolution field back in 1976, I was compelled as part of my orientation to watch a film about arbitration (yes, film; there was no consumer video back then, let alone DVDs or on-demand video streaming). It…

By George H. Friedman* Chairman of the Board, Arbitration Resolution Services   We have blogged in the past about enforcing domestic arbitration awards. The key takeaway? Prior to passage of the Federal Arbitration Act(“FAA”)[1]in 1925, enforcing predispute arbitration agreements and arbitration awards was very difficult.[2]The FAA abrogated the existing law and made written promises to arbitrate…

We know that Arbitrators truly endorse Demonstrative Proofs; some surveys say 87% of them believe it aids them in arriving at the appropriate Award. So when it comes to  Scene Diagrams; theory tells us absolutely an advocate should include them if they fit the fact pattern of the loss. Practice tells us that’s fine, but…

Generally, once a decision is rendered in an arbitration, payment of any damages awarded is due. If a party fails to pay as required by a decision, the other party can enforce the award in a summary proceeding. Here’s what a party seeking enforcement should know: S. courts have the power to enforce arbitration awards….