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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…

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…

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…

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