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Arbitration Settlement Negotiations Settlement

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 -
Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Troutman Pepper Locke

Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

Troutman Pepper Locke on

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more

NAM (National Arbitration and Mediation)

Thoughts on ADR in the face of the Covid-19 Pandemic – A Neutral’s Perspective

As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the...more

JAMS

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

JAMS on

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

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