News & Analysis as of

Arbitration Negotiations

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

Walkers on

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Davis Wright Tremaine LLP

Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more

ArentFox Schiff

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

ArentFox Schiff on

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more

JAMS

Inside the Minds and Hearts of Dispute Resolution Neutrals

JAMS on

At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves. The attorney is an...more

Farella Braun + Martel LLP

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company. These...more

Reveal

Legal Dispute: How to choose the right method of dispute resolution

Reveal on

Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more

JAMS

Logic, Emotions and Values: 40 Years of Negotiation Style and Decision Theory

JAMS on

Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never...more

Davis Wright Tremaine LLP

Dispute Resolution Methods: Uses of Alternative Dispute Resolution

Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more...more

Mintz - Arbitration, Mediation, ADR...

The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more

JAMS

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

JAMS on

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more

JAMS

JAMS Global Construction Solutions Newsletter, Winter 2017

JAMS on

A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American...more

Pillsbury Winthrop Shaw Pittman LLP

English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?

Under the English Arbitration Act 1996 the grounds on which an English arbitration award can be challenged in court are very limited. Section 67 of the Act provides that a challenge may be brought on the basis that the...more

JAMS

Mediating Alternative Energy Disputes

JAMS on

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide