When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …
Requiring parties to participate in mediation before a lawsuit is becoming more common, but it has many parties questioning if mediation is mandatory and what the implication of making it mandatory is doing to the mediation process. Mediation was created as an alternative process to litigation to help the parties attempt to resolve their disputes …
In the modern world, many people choose to communicate through text messages, which can be an easy way to keep in touch with friends in family. However, this form of communication may raise questions about whether it is legal to screenshot text messages and when these screenshots can be shared. There are differing laws between …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation. There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …
By Patricia H. Thompson, FCIArb Arbitration provides a toolbox of dispute resolution options that are quicker, more targeted, and less expensive than litigation. However, formal and informal surveys reveal that one important component of this toolbox is unknown or misunderstood by corporate and outside counsel: the parties’ contractual right to appeal the final award, “on …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court. A lot of people could probably recite the oath from memory as well. Yet many people may not understand the purpose of …
Benefitting from Business Trusts When considering a trust for a business, an entrepreneur may have questions such as who are the sole beneficiaries and the trustees of a business trust. Trusts come with a whole host of new languages and considerations that need to be made. Placing a business in a trust can be beneficial …
Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator. While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …