By George H. Friedman* Chairman of the Board, Arbitration Resolution Services A couple of years ago I penned a blog post on Independence Day and arbitration, and updated it a year ago. It still rings true. So, without further ado, here’s my annual July 4th blog post, again updated. Our Founders and Arbitration…
What You Need to Know About Online Mediation Mediation is a highly effective form of alternative dispute resolution (ADR). It is solution-oriented; focused on helping the parties reach a mutually agreed upon settlement of their disagreement. Many courts recognize the benefits of mediation and require parties to a business or consumer dispute to go through…
Most Arbitration advocates will ascribe to the fact that Topical Organization is the cornerstone by which parties draft their Contentions and present their case. We’ve discussed the primary importance of Issues, Elements and Turning Points many times before. You will also see parties go with Chronological structure in their narrative. How often have you seen a…
Many companies, law firms and individuals have been subject to major data security breaches in recent years. That’s why it’s important to always ensure the security of confidential information that is uploaded to and accessed on any website. In the context of online ADR security, there is a wealth of private information that needs to…
Generally, ADR is significantly less expensive than litigation. However, the cost of ADR can quickly increase as ADR providers tack on additional fees and hourly charges. It may seem like there is no option but to pay these extra expenses, but online ADR provides the parties with more options to control and reduce their costs….
Damages presentation in Arbitration relies heavily on Documentary Evidence. Most advocates preparing cases recognize this and are cognizant that any Documentary proof they submit before an Arbitrator is placed there simply for…‘what it says’. Advocates need to be thoughtful with their Documentary evidence while underscoring heavily that ‘what is says’ perspective. In other words; the volume of…
Online dispute resolution may seem intimidating, but it’s really a very simple process. The advantage is in utilizing a system that is designed to walk applicants through each step. Preconditions to filing Before an application to arbitrate is filed, the parties must agree to submit the matter to binding arbitration or be required to arbitrate…
So who knew? Who knew it would take almost half-a-years worth of Blogs to breakdown the issue of Damages in an Arbitration hearing ! And yet; we still have more to cover. When we started the series we knew it would go into greater detail than most would ever cover. We also knew that the…
Generally, arbitration decisions rendered in private arbitrations are final and binding, subject to very limited court review. There are four major grounds for challenging arbitration awards: fraud, arbitrator bias, arbitrator misconduct, or the arbitrators exceeding their authority. Absent these, decisions can be converted to enforceable judgments. Since appeal rights are so limited, disputes are resolved…
When Damages are at issue in a subrogation arbitration docket…the Structure of your case plays a significant role. It is understood that Arbitration companies will create areas within their filing templates for parties to indicate ‘Damages Disputed’ or ‘Itemization’ but beyond that what can you do to foster your most productive narrative. We know about…