When a disagreement turns into a legal matter, it can take an extended period of time to litigate a case. The realization of the stress and difficulties of arguing a claim are not very alluring, especially when a cordial agreement is desired, instead of a lengthy and costly dispute.
In today’s world of business, most business organizations are fond of suing other firms and, the same time, are being sued. However, if a firm is not careful, they can find themselves on the wrong side of the arm when a lawsuit becomes serious, and a legal battle erupts. This is because the hearing sessions can take a long duration before a verdict is met. At the same time, both parties entangled in the lawsuit end up spending a lot of money in solving the case. It is for this reason that most parties that find themselves in such a situation opt to engage in an alternative dispute resolution as a better way of solving their differences. Continue reading
There is not much worse in life than having to spend time and energy going to court to settle a dispute. You have heard about arbitration, but you thought that it could only be used in big dollar amount cases, and not for your small claim commercial case. Arbitration uses a third party to settle a claim, the third party will review the evidence and come to a decision that is legally binding and will be enforced by the court. Continue reading
Alternative dispute resolution is often described as being characterized by informality, flexibility and control of a dispute by the parties involved. These characteristics present themselves in different ADR techniques based on the influence the third party shows regarding the outcome and process. Continue reading
We find that people involved in a legal action assume that a day in court is the only way to resolve the matter. However, it is important to realize that there are other options available to save time and money. Included here are a few alternative methods that have been used successfully to settle a legal matter out of court. Continue reading
What Is Mediation?
Mediation is a process by which a third neutral party assists in delivering an agreement that is mutually acceptable to opposing parties. The process is attended voluntarily. Attorneys without mediation settle cases, so mediation is intended for cases not settled in this manner. Continue reading
Alternative Dispute Resolution (ADR) makes use of arbitration to give all the parties involved the opportunity to search for a greater resolution to the situation that will not necessitate them to bring the matter to the court or pay more than needed. The mediation or negotiation is one of the options that ADR suggests whenever there is a conflict, and it does not require the presence of a jury. Continue reading
Cases often demand more of courts than they can reasonably accommodate. When that’s the situation they must consider legal alternatives to resolving disputes. Mediation and arbitration allow for a flexibility that allow for expedited resolution of certain cases, and they’re it’s fast becoming the preferred method by many lawyers and courts alike, even if many have trouble distinguishing between the two. Continue reading
Conflicts can be devastating when not solved in a professional way, either by involving a mediator, litigator or both. Disagreements may arise between business partners, individuals, family and many others. Mediation is the best tool to put out a fire during disagreements to come to a resolution before using litigation. Continue reading
The construction industry is using arbitration more and more in order to resolve disputes. Most members of the industry consider arbitration to have significant advantages when compared to litigation. Services like Palm Springs alternative dispute resolution services agree that there are many benefits to arbitration, but there are some negatives that should be understood as well. Continue reading
The business arbitration environment is a fast-paced domain that is centered around complex disputes between commercial entities with divergent interests. The details of each case are always different, but the parties are generally the same: customers, vendors, suppliers and partners. Continue reading
Litigation is one of the most often used ways to resolve legal conflicts. Arbitration is another process that saves money and time. It does not require a presiding judge, but rather, a panel of arbitrators. The arbitration process is also far more flexible since the goal is to come to a resolution that will please both parties. Continue reading
Courts have been increasingly applying elements of the Federal Arbitration Act to more and more employer/employee arbitration disputes. Currently, 49 states have encoded into state statutes, the Uniform Arbitration Act (1956). These two combined situations are giving arbitration decisions and subsequent agreements the enforcement of state and federal law. Continue reading