Binding Mediation: An Affordable ADR Option

Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …

Read more

What Happens After An Appeal Is Granted?

What Happens After An Appeal Is Granted?

What happens after an appeal is granted? Your appeal was successful. Now what? You have been fighting with your former business partner for over five years, which has taken much time, money, and energy. You were shocked when the trial court ruled against you. It was difficult to decide to commit further resources to an …

Read more

Final Offer Arbitration: A Detailed Analysis

Final offer arbitration (FOA) is a conflict resolution method that involves an arbitrator or a panel of three arbitrators. Conventional arbitration has been criticized because arbitrators supposedly arrive at awards by “splitting the difference” between the parties’ positions. Such behavior diminishes concession-making and may even drive parties to take more extreme positions in the hope …

Read more

The Pre-Arbitration Process: Explained

Pre Arbitration

What is pre-arbitration? How does pre-arbitration affect the chargeback process? And what does the pre-arbitration process look like? This blog will explain how pre-arbitration works, when it’s used, and how pre-arbitration into the larger picture of the chargeback procedure. Pre-arbitration is a step in the re-presentment process of challenging a consumer’s chargeback case. While this …

Read more

Demand for Arbitration: What You Should Know

Demand for Arbitration

When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …

Read more

Disadvantages of Arbitration: A Closer Look

Disadvantages of Arbitration

Arbitration proceedings are often touted as a fantastic alternative to resolving legal disputes; however, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution mechanisms.  It …

Read more

Mediation vs Arbitration: What is the Difference

Mediation vs Arbitration

Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process.  However, the procedures are very different.  Each system presents its benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each process is vital …

Read more

Arbitration Pros and Cons You Need to Know

Arbitration Pros and Cons

Like all alternative dispute resolution methods, arbitration pros and cons must be highlighted and evaluated. While arbitration has many benefits that make it the best choice in various cases, occasionally, disadvantages may make parties consider other dispute resolution options. This article will explore the advantages of arbitration when it is used to resolve legal disputes. After …

Read more

How Do Lawyers Negotiate Settlements: A Guide

How Do Lawyers Negotiate Settlements

You may be wondering what goes into the settlement process and just how lawyers negotiate settlements. When you are harmed by someone else’s negligence, like in a car accident, you may decide to seek compensation through a personal injury claim. While the litigation process can bring just compensation and help you resolve an insurance claim, …

Read more

Mediation vs. Litigation: What is the Difference

mediation vs litigation

When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …

Read more

error: ADR Times content is protected.