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Weighing the Pros and Cons: Alternative Dispute Resolution

Martindale-Hubbell posed the following question to provide a variety of views on this important topic: What should be my primary considerations in choosing a particular dispute resolution strategy?

Could you repeat that, please?

Just starting out in the Alternative Dispute Resolution Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Alternative Dispute Resolution Law matters competently. Read on for a quick primer! Arbitration: The most traditional...

Key Organizations for ADR

American Bar Association (ABA) – Section of Dispute Resolution ( http://www.abanet.org/dispute/home.html ) and Section of Litigation ( http://www.abanet.org/litigation/home.html ) ADR and litigation sections of state and local bar associations Association of Trial Lawyers of America (ATLA)...

To Arbitrate or Not to Arbitrate: That is the Question

The Basics What is arbitration? Essentially, arbitration entails an agreement between two or more parties to try to resolve a dispute outside of the court system. The parties agree upon a third party as an arbitrator who will act as a judge and jury. Usually, no set rules exist as to how arbitration...

What You Don't Say Can and Will Be Used Against You or: How NOT To Settle Your Clients' Cases

Court statistics show that more than 95% of all civil cases are settled by the parties before trial. While many of those settlements occur at private mediation, or simply as a result of the agreement of the parties, court-ordered Mandatory Settlement Conferences (“MSCs”) play an important...

Mason on Whether Arbitration Rules Should be Applied by the Issuing Arbitral Institution

Should parties provide in their arbitration clause for application of rules of an arbitral institution without corresponding oversight by that institution? In an Emerging Issues Analysis, international arbitrator and business lawyer Paul E. Mason discusses this emerging trend and its potential pitfalls...