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Arbitration Mediation Contract Disputes

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 -
Awatif Mohammad Shoqi Advocates & Legal...

Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution.

In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution...more

Hendershot Cowart P.C.

Legal Remedies for Physicians When Medical Billing Companies Fail to Perform

Hendershot Cowart P.C. on

For physicians with independent practices, engaging a third-party billing company to manage the billing process is an attractive option. Medical billing is increasingly complex and time consuming, and outsourcing that...more

Fenwick & West LLP

AAA Implements New Arbitration Rules and Mediation Procedures

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On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Mandelbaum Barrett PC

Alternative Dispute Resolution Methods to Consider

Mandelbaum Barrett PC on

When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...more

Miles Mediation & Arbitration

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on

Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

Miles Mediation & Arbitration

Goldilocks and the Spicy Sweet Chili Doritos – The Paradox of Too Many Choices

Freedom of Choice. It’s the cornerstone of liberty, an “inalienable right”, and the title of a catchy tune by ‘80s pop band Devo. But is there such a thing as too many choices? And, if so, how does that impact negotiation and...more

JAMS

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

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Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more

Goulston & Storrs PC

Alternative Dispute Resolution Provisions

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Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies... Originally published in Bloomberg Law....more

Greenberg Glusker LLP

[Webinar] Dispute Resolution Provisions: One Size Does Not Fit All - January 26th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

At the beginning of a contractual relationship, dispute resolution is usually the last priority. But at the beginning of any contract dispute, locating the applicable dispute resolution provision is often the first priority....more

K&L Gates LLP

Litigation Minute: Thinking Ahead to Avoid Headaches Later: Contractual Dispute Resolution Provisions

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Including a contractual dispute resolution provision in an agreement may reduce costs, expedite resolution, and potentially lead to a more favorable outcome. But a poorly crafted...more

TransPerfect Legal

Talks with TLS: Climate Change and Legal Practices

TransPerfect Legal on

Danielle Giannecchini, Regional Director at TransPerfect Legal Solutions (TLS), recently had a virtual meet-up with Wendy Miles, a Barrister at Twenty Essex with over 25 years of experience in multiple sectors. Wendy has...more

Ervin Cohen & Jessup LLP

An Interview With Peter Selvin: Dispute Resolution

Ervin Cohen & Jessup LLP on

What are the most popular dispute resolution methods for clients in your jurisdiction? Is there a clear preference for a particular method in commercial disputes? What is the balance between litigation and arbitration? The...more

Womble Bond Dickinson

Arbitration Clauses in Employee Contracts and Beyond

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Chris Fairey, General Counsel for American Residential Services, one of the nation’s largest residential and commercial heating, air-conditioning, and plumbing services companies, sits down with Mark to discuss arbitration...more

Latham & Watkins LLP

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

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A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

JAMS

Mediating Alternative Energy Disputes

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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

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