Alternative Dispute Resolution Lawyers in the USA
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- To Sue or Not To Sue- A Pretty Good Question
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
- When to Negotiate and When to Litigate
One of the most challenging decisions parties often face in a legal proceeding is knowing when to negotiate and when to litigate. Should they slug it out until the bitter end to get that huge judgment they think they will win, or should they be trying to resolve the dispute, avoid expense, and work things out? Or, are they coming to the table too soon? Is it going to be seen as a sign of weakness?
- How Binding and Mandatory is Arbitration?
The phrase “mandatory binding arbitration” sounds very final, but what does it really mean? How binding is an arbitration proceeding? Can one appeal an improper ruling? Can one avoid arbitration all together?
- What is Mediation?
Mediation, a form of alternative dispute resolution (ADR). In mediation, a neutral third party called a “mediator” tries to facilitate negotiations between two or more adverse parties.
- Arbitration Versus Mediation
Many have heard the term “alternative dispute resolution” associated with both arbitration and mediation, but may not have understood the difference. Indeed, many use the terms interchangeably even though they are very different procedures.
- Arbitration Is Usually Better for Business
Under most circumstances, Arbitration is a better dispute settlement process.
- New Law Provides for Quicker Resolution of Alabama Personal Injury Claims
This article discusses a new law in Alabama allowing parties to hire a private judge to preside over certain cases, including non-jury personal injury claims. In addition to providing details of the new law, this article also identifies the benefits that a personal injury claimant may reap from utilizing the new private judge system.
- Pine Tree Villa, L.L.C v. Olson (2009 WL 723034)
Case: Pine Tree Villa, L.L.C v. Olson (2009 WL 723034) Parties: Plaintiff (Appellee) - Olson - Defendant (Appellant) - Pine Tree Villa, L.L.C. Court: Court of Appeals of Kentucky (2009).
- Shared Responsibility: A Litigator's Perspective
A discussion of how parties accept responsibility during the litigation process, and the role this plays in settlement. The Value of Shared Responsibility: A Litigator’s Perspective © 2011 Jonathan B. Frank
- Alternative Dispute Resolution and Arizona Businesses
Increasingly, businesses are including alternative dispute resolution (ADR) clauses in standard business-to-business and consumer contracts, and even businesses without ADR clauses opt for ADR procedures to resolve disputes while keeping court and legal costs to a minimum.