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….
In my last blog post,I began comparing the predictions I made last year regarding consumer and employment arbitration to what has happened so far this year. Below are more of my views on the subject and my predictions are still as Larry David says, “Pretty, pretty, pretty, pretty good.” Still Expect Dodd-Frank to be Repealed and…
If you’ve read this Blog for any time at all or picked up any book on Arbitration advocacy or even effective Trial practice…pretty much guaranteed you’ve seen the concept of Theme mentioned. So when looking at writing your Contentions on a subrogation arbitration case…is a Theme really all that important? I mean cases are decided…
Lawyers are often accused of being slow to embrace technological advances, but that is changing. Technology solutions are increasingly being adopted because of how they can benefit a law firm’s productivity, profitability and client services. The following technologies are experiencing significant growth among attorneys: Cloud-based applications. Many law firms are looking to cloud-based applications that…
By George H. Friedman* Chairman of the Board, Arbitration Resolution Services Toward the end of last year, I authored a blog post, Consumer and Employment Arbitration: Six Things to look for in 2018. Below are my views on what was coming in 2018, and how these arbitration predictions are turning out as we hit…
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…
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…
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’….
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…
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…