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Alternative Dispute Resolution
Persuarding Non-Parties to Agree to Arbitration , by
Charles Forer.
There are several reasons why John and his newly-formed company would prefer to avoid a consolidation of all claims into one arbitration proceeding. The bottom line is that, as in most aspects of dispute resolution, it pays not only to understand the governing law. It makes even more sense to seek a win-win situation by making your adversary understand that agreeing on the procedures to resolve the dispute can allow all sides to save time, money, aggravation and energy.
Non-Specific.
1 pages. Written:
2008. Added:
6-30-2008.
www.eckertseamans.com
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Alternative Dispute Resolution
Mediation Confidentiality and How it Applies to Experts , by
Charles Forer.
Anne’s attorney Robert had been having a tough time prosecuting Anne’s corporate waste claims against John. Despite his repeated requests, Robert could not convince the Court to schedule a trial. The Court’s response: “too much discovery to complete,” and “you have not even started your expert depositions.”
Non-Specific.
1 pages. Written:
2007. Added:
6-29-2008.
The Legal Intelligencer
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Alternative Dispute Resolution
Using Experts After Mediation Ends , by
Charles Forer.
Anne’s attorney, Bob, always knew that mediation is a can’t-lose proposition. Either the mediation leads to a settlement or, if no settlement, everyone walks away with a better understanding of the strengths, weaknesses, theories, strategies and positions of all sides. This brings us to Bob, who decided to put this proposition into practice.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
www.eckertseamans.com
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Alternative Dispute Resolution
Ensuring A Timely Appeal From An Arbitration Award, by
Charles Forer.
After Anne’s investment was virtually wiped out – the mutual fund company invested the bulk of Anne’s monies in a company called Bear Stearns a couple of months ago – This article briefs about Bob filing an arbitration demand against the mutual fund company, asserting negligence, fraud and a host of other interesting common law claims.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
www.eckertseamans.com
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Alternative Dispute Resolution
Expanded Review of Awards: A Door Shuts, Others Open?, by
by George K. oster and David M. Bigge.
Certain arbitration institutions have internal review procedures that allow for the correction of mistakes of fact or law before the arbitral award becomes final. In addition, parties could create an ad hoc review procedure calling for a second arbitrator or tribunal to review their award before it would be deemed final. Any such ad hoc mechanism should be approached with caution, however,
because a poorly drafted provision could lead to unforeseen complications, and any such review process
would necessarily result in delay and added expense.
Non-Specific.
6 pages. Written:
2008. Added:
6-29-2008.
The New York Law Journal
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Alternative Dispute Resolution
Five Steps to Maximizing Dollars when the Objective is Money, by
Jeffrey Krivis and Mariam Zadeh.
Like the Ball approach, this article synthesizes into Five Steps the intangible elements that factor into the defense perspective when arriving at a settlement. This is important. A key to settlement is having your adversary be your biggest
advocate with their client. Once this occurs,
you are on the road to success.
Non-Specific.
7 pages. Written:
2008. Added:
4-04-2008.
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Alternative Dispute Resolution
Investment Arbitration in Brazil: Revisiting Brazil's Traditional Reluctance Towards ICSID, BITs, and Investor-State Arbitration, by
Jean Kalicki and Suzana Medeiros.
This article explores roots of Brazil's traditional reluctance to consent to investor-state arbitration in light of global developments in the field & increasing importance of FDI to economic growth & suggests it is time for Brazil to revisit its approach with appropriate safeguards to protect its sovereign right to regulate in the public interest.
Non-Specific.
17 pages. Written:
2007. Added:
3-13-2008.
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Alternative Dispute Resolution
ICSID Arbitration in the Americas, by
Jean E Kalicki.
The past two decades have seen a virtual explosion in investor–state arbitrations before ICSID, the World Bank’s International Centre for Settlement of Investment disputes. The ICSID process still provides a powerful tool for investors in appropriate cases to vindicate their treaty-given rights to internationally recognised standards of treatment.
Non-Specific.
3 pages. Written:
2007. Added:
3-12-2008.
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Alternative Dispute Resolution
Getting Transactional Lawyers Thinking About Dispute Resolution, by
Frederick R. Fucci.
It has come through from this paper that I have a certain prejudice in favor of arbitration, in both domestic and the international context. Not all clients agree with this, so one important role a transactional lawyer should play is to check with his or her client about its experiences, preferences regarding dispute resolutions & risk tolerance.
Non-Specific.
19 pages. Written:
2007. Added:
3-12-2008.
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Alternative Dispute Resolution
Arbitration Cases: 2007 In Sequence By Issue, by
Lionel M. Schooler.
Discusses procedures for evaluating arbitrability, arbitration rights and procedures of the parties, procedures and standards for review of decisions on arbitrability, scope of the arbitrator’s authority, etc.
Non-Specific.
23 pages. Written:
2008. Added:
3-08-2008.
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Alternative Dispute Resolution
E-Discovery For Arbitrators Under the IBA Rules For Taking Evidence, by
John M. Barkett.
Article describes the IBA Rules and describes the difference between the paper world and the electronic world and how the federal courts in the United States responded to those differences with the e-discovery
rules.
International.
37 pages. Written:
2007. Added:
12-21-2007.
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Alternative Dispute Resolution
Roadmap to Securites ADR, by
Constantine N Katsoris.
Article provides overview of securities arbitration form a corporate and securities viewpoint.
select-JD.
10 pages. Written:
2006. Added:
11-04-2007.
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Alternative Dispute Resolution
The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse, by
Philip D. O’Neill.
The sanctioning power of arbitrators when confronted by a party who is stonewalling document discovery is comparatively uncharted. This article discusses the different approaches courts have taken to potential sources of authority for this power. The result is a mess in need of cleanup by courts or ADR providers or both.
Non-Specific.
10 pages. Written:
2005. Added:
11-04-2007.
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Alternative Dispute Resolution
Mass. Allows Arbitrators to Award $$ Sanctions to Remedy Discovery Abuse, by
Philip D. O'Neill.
The Massachusetts Supreme Judicial Court, in Superadio Limited Partnership v. Winstar Radio Productions (844 N.E.2d 246), issued an opinion authorizing monetary damages as a remedy in arbitrations.
Massachusetts.
2 pages. Written:
2006. Added:
11-04-2007.
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Alternative Dispute Resolution
Confidentiality in Arbitration: A Valid Assumption? A Proposed Solution?, by
Claude R. Thomson and Annie Finn.
This article examines the current state of the law relating to confidentiality and the steps that may be taken to secure as much confidentiality as the law will permit.
Non-Specific.
7 pages. Written:
2007. Added:
10-28-2007.
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Alternative Dispute Resolution
Navigating The Mediation Process: Overcoming Invisible Barriers to Resolution, by
Bennett G. Picker.
Mediation involves many key relationships
beyond that of plaintiff and defendant that could present barriers to resolution. The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.
Non-Specific.
5 pages. Written:
2006. Added:
10-28-2007.
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Alternative Dispute Resolution
The Liability of Arbitrators: A Survey of Current Practice, by
Ramon Mullerat and Juliet Blanch.
There is not an unanimous approach on the contrary as to the extent of civil liability for arbitrators: The positions are very different from jurisdictions which apply an absolute
immunity to jurisdictions which do not recognize any immunity.
International.
29 pages. Written:
2006. Added:
10-28-2007.
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Alternative Dispute Resolution
Pitfalls In Drafting Arbitration Clauses:Tips For Avoiding Costly Disputes, by
Steven E. Bizar and Paul D. Weiner.
Parties who choose to arbitrate their
commercial disputes expecting to avoid the costs and delays of traditional litigation are often sorely disappointed. A carefully drafted arbitration clause allows the parties to eliminate costly and time-consuming disputes, which
will help the parties realize one objective in
choosing arbitration – efficienc
Non-Specific.
2 pages. Written:
2004. Added:
10-25-2007.
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Alternative Dispute Resolution
Arbitration is Not Always Quick: In complex cases, careful thought is needed before giving up the court process., by
Steven E. Bizar and Paul D. Weiner.
In choosing arbitration, counsel should factor
into the analysis common misperceptions about arbitration—that it is necessarily faster and less expensive. It may well not be either. In short, the decision to insert a standard arbitration provision into a client’s next commercial agreement should be deliberate and measured.
Non-Specific.
3 pages. Written:
2003. Added:
10-25-2007.
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Alternative Dispute Resolution
Two Alternatives to Litigation: An Introduction to Arbitration and Mediation, by
David Erickson and Peter Bowen.
The two common ADR processes, arbitration and mediation, are often confused by the general public. However, they are very different.
Non-Specific.
6 pages. Written:
2006. Added:
10-25-2007.
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Alternative Dispute Resolution
Volunteer Mediation: Using your Professional Skills to Give Back, by
Susan G. Perin.
Mediator discusses volunteer work in mediating cases between service members and employers for the Department of Defense.
Non-Specific.
4 pages. Written:
2007. Added:
10-22-2007.
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Alternative Dispute Resolution
The Federal Arbitration Act (FAA) Preemption of State Law, by
Gavin Gadberry and Dan Schapp.
The wholesale use of arbitration provisions in admission contracts is destined to draw the attention of and the wrath of those intent on using litigation to profit from the patient care challenges facing the long term care profession. The FAA offers reasonable hope that individual facilities can implement reasonable arbitration provisions.
Non-Specific.
33 pages. Written:
2004. Added:
10-22-2007.
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Alternative Dispute Resolution
From the Neutral's Perspective: What Arbitrators Want to See from the Process, by
Richard P. Flake and Jay J. Madrid.
The following outline are thoughts, comments, and suggestions made to the participants in the process from the arbitrator’s perspective. These suggested techniques are not cast in stone, but rather should provide a general guideline for use during the arbitration process, at least from
the eyes of the arbiters.
Non-Specific.
9 pages. Written:
2006. Added:
10-22-2007.
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Alternative Dispute Resolution
Mediating Construction Disputes, by
Richard P. Flake and Susan G. Perin.
While mediation is a fluid process and the outcome is never certain, an attorney who properly prepares for mediation or other alternative, who acts as counselor at least as much as he acts as advocate, and who anticipates and resolves the intricacies of a construction settlement will have added great value to the services provided the client
Non-Specific.
20 pages. Written:
2003. Added:
10-22-2007.
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Alternative Dispute Resolution
Collaborative Law: What is it? Why do it?, by
Kevin Fuller.
Article discusses collaborative law, a highly structured process in which the parties express and resolve conflict without going to court.
Non-Specific.
7 pages. Written:
2005. Added:
10-18-2007.
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Alternative Dispute Resolution
A new Way of Doing Business: Collaboration, by
Sherrie R. Abney.
New avenues to resolve disputes are appearing on every level of society. Individuals, corporations, and world powers are seeking new directions. Growing dissatisfaction with our courts, lawyers, and judges has initiated the pursuit of alternative approaches.
Non-Specific.
10 pages. Written:
2006. Added:
10-18-2007.
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Franchise and Distribution
The Pros and Cons of Arbitration Clauses in Distribution Agreements, by
Kelli A. Taffora.
Survey of considerations for using alternative dispute resolution in distribution agreements.
Non-Specific.
42 pages. Written:
2005. Added:
10-16-2007.
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Alternative Dispute Resolution
Drafting Arbitration Agreements in Contracts, by
Paul J. Dubow.
Discusses various clauses and approaches.
Non-Specific.
8 pages. Written:
2003. Added:
10-16-2007.
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Alternative Dispute Resolution
International Arbitration: The Fundamentals, by
Markham Ball.
This paper outlines the basic nuts and bolts of international arbitration, and the framework of laws, treaties and rules within which international arbitrations occur.
International.
8 pages. Written:
2005. Added:
10-16-2007.
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Alternative Dispute Resolution
Revised Uniform Arbitration Act of 2000 Makes Only Incremental Changes, by
Andrew D. Ness.
The RUAA cannot be characterized as a bold effort to expand the horizons of arbitration, but its evolutionary approach does attempt to address most of the key deficiencies in the existing statute to at least a limited degree.
Non-Specific.
6 pages. Written:
2003. Added:
10-16-2007.
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Alternative Dispute Resolution
The Use of Pre-Discpute Arbitration Agreements by Consumer Financial Service Providers, by
Alan S. Kaplinsky.
Survey of pros and cons of using arbitration in banking and finance industries for consumer fianacial services.
Non-Specific.
16 pages. Written:
2004. Added:
10-16-2007.
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Alternative Dispute Resolution
Practice Pointers for Counsel in Mediations, by
Phil Cutler.
Mediation is an art, not a science, and there is an art to advocacy in mediation. Article is a series of "pointers" in mediation.
Non-Specific.
4 pages. Written:
2003. Added:
10-14-2007.
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Alternative Dispute Resolution
Calling All Arbitrators: Reclaim Control of the Arbitration Process-the Courts Let You, by
David E. Robbins.
This article explains the grounds for vacating arbitration awards primarily based on arbitrator conduct and rulings. Arbitrators are given wide latitude in managing cases, but when they go seriously "off course"-such as in failing to make required disclosures, or deciding issues not in the pleadings, or taking part in ex parte communications.
Non-Specific.
10 pages. Written:
2005. Added:
10-14-2007.
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Alternative Dispute Resolution
Mastering Med Mal Mediation, by
Various.
Mediation Options, Mediation Mindset, Differences Between Mediation and a Settlement Conference with a Judge or Settlement Master, Mediators – Role, Training, Goals, Traditional and “New” Models of Mediation, MCARE
Non-Specific.
113 pages. Written:
2006. Added:
10-11-2007.
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Alternative Dispute Resolution
Alternative Dispute Resolution: Control Your Destiny, by
Geoff Drucker.
ADR processes can promote a variety of interests. To align
ADR with the interests of their company, corporate counsel should exercise as much influence as possible over how
these processes are deployed.
Non-Specific.
4 pages. Written:
2007. Added:
10-11-2007.
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Alternative Dispute Resolution
Evidence and Discovery in ADR, by
Richel Rivers, Mary Evelyn McNamara, Blake Bailey.
Evidence and discovery issues are fundamentally
different in an alternative dispute resolution context than in the traditional court framework. In many ways, ADR formats seek to streamline the
discovery process and relax the evidentiary
presentation procedures in order to achieve a true alternative to the traditional courtroom path.
Non-Specific.
14 pages. Written:
2005. Added:
10-11-2007.
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Alternative Dispute Resolution
The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the FAA and the Texas Arbitration Act, by
David A. Pluchinsky and John W. Lynd of Beirne, Maynard & Parsons, L.L.P..
This article is intended to provide the basics for confirmation of an arbitration award as well as the basics for vacating, modifying or correcting an arbitration award under the Federal Arbitration Act ("FAA") and the Texas Arbitration Act ("TAA").
Texas.
5 pages. Written:
2004. Added:
10-11-2007.
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Alternative Dispute Resolution
Arbitrability and the Non-Signatory, by
Robert B. Davidson.
Over the years many courts have examined whether non-signatories may be compelled to arbitrate against their will, or, on the other hand, whether they can take advantage of an arbitration clause in a predecessor's contract.
Non-Specific.
4 pages. Written:
2005. Added:
10-09-2007.
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Alternative Dispute Resolution
Is creeping legalism infecting arbitration?, by
Gerald F. Phillips.
The criticism that arbitration is losing its allure because it mimics litigation is due largely to the increasing role lawyers play in the process. Because arbitration is a consensual process crafted by the parties, generally through their attorneys, they are in the driver's seat when it comes to the process that they get.
Non-Specific.
6 pages. Written:
2005. Added:
10-09-2007.
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Alternative Dispute Resolution
Arbitration as a Clash between Federal Supremacy and State Sovereignty, by
Judge Lawrence Waddington.
Arbitration jurisprudence is unique. Preemption addresses sovereignty by confirming it in one context but subordinating it in another. The result is an uneasy alliance between the state and federal systems regarding arbitration.
Non-Specific.
6 pages. Written:
2005. Added:
10-09-2007.
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Alternative Dispute Resolution
What’s to Prepare? It’s only an Arbitration Scheduling Conference, by
Hon. Raymond F. Zvetina.
The arbitration scheduling conference, or, more properly, the Preliminary Conference, involves much more than simply comparing calendars and booking dates for the arbitration hearing.
Non-Specific.
4 pages. Written:
2006. Added:
10-09-2007.
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Alternative Dispute Resolution
Not So Quick, Not So Cheap, by
Hon. Curtis E. von Kann.
Today, the whole landscape of commercial dispute resolution has changed. There is a bewildering array of dispute resolution processes to choose from: mediation, neutral case evaluation, mini-trial, summary jury trial, neutral expert fact-finding, and arbitration, among others.
Non-Specific.
4 pages. Written:
2005. Added:
10-09-2007.
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Alternative Dispute Resolution
Using Experts in Arbitration, by
George Ruttinger and Joe Meadows.
The evidentiary rules and discovery requirments in arbitration are far less onerous than in a courtroom. As a result, lawyers who represent parties in arbitration have more opportunities to use and present expert evidence. This article addresses some of those opportunities.
Non-Specific.
4 pages. Written:
2007. Added:
10-09-2007.
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Intellectual Property
Resolving Intellectual Property Disputes Outside of Court: Using ADR to Take Control of Your Case, by
Alan W. Kowalchyk.
It is becoming apparent to more and more business organizations that the benefits of alternative dispute resolution are substantial and often outweigh the traditional values of vindication that have led many to use litigation to handle IP cases.
Non-Specific.
8 pages. Written:
2006. Added:
10-09-2007.
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Alternative Dispute Resolution
On the Threshold of Arbitration, by
June R. Lehrman.
Whether a court or arbitrator decides a threshold arbitration issue hinges on whether the issue involves a question of arbitrability
Non-Specific.
6 pages. Written:
2005. Added:
10-09-2007.
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Alternative Dispute Resolution
Mediating and Arbitrating Insurance Disputes, by
National Arbitration Forum.
Discusses advantages of arbitration and mediation in an insurance context.
Non-Specific.
18 pages. Written:
2005. Added:
9-22-2007.
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Alternative Dispute Resolution
Mediating and Arbitrating Healthcare Disputes, by
National Arbitration Forum.
Describes the legal landscape of healthcare mediation and arbitration, and provides practical tips and sample contract language to help ensure that parties realize the full benefits of mediation and arbitration.
Non-Specific.
24 pages. Written:
2005. Added:
9-22-2007.
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Alternative Dispute Resolution
Business-to-Business Mediation/Arbitration vs. Litigation, by
Natioanla Arbitration Forum.
Business-to-Business Mediation/Arbitration vs. Litigation
Non-Specific.
14 pages. Written:
2005. Added:
9-22-2007.
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Practice Management
Mediation Work Complementary to Midsize and Smaller Firms, by
Stephanie Lovett.
Article discusses why lawyers handling mediation and other forms of alternative dispute resolution often practice in small firms.
Non-Specific.
3 pages. Written:
2007. Added:
9-21-2007.
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Alternative Dispute Resolution
Electronic Discovery In Arbitration: Privilege, by
Irene C. Warshauer.
This article discusses how arbitrators could respond to demands for email and
backup tapes, and claims that the attorney-client privilege has been waived
through the inadvertent production of e-documents and e-discovery.
Non-Specific.
7 pages. Written:
2007. Added:
9-19-2007.
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