When couples are getting divorced, they may wonder what a settlement agreement is for a divorce. If their only exposure to divorce is the long court battles that include lawyers yelling at each other and parties that refuse to speak after, they may not know that there is another way to achieve the goal of …
Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution. Conciliation is a method of dispute resolution that …
The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally. Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way. Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …
The Court of Arbitration for Sport is also known as the Supreme Court for sport. Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world. Most countries around the world have …
Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online. It primarily focuses on negotiation, mediation, and arbitration, …
By Joe Tirado The global coronavirus pandemic has had an enormous impact on all aspects of our lives. Face-to-face meetings have all but disappeared. We have all had to adapt, and the legal profession has been no exception. This is true of both litigation and arbitration practice, although one important area that has been hit …
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation. However, it can be difficult to determine what the best boilerplate language is to include. There will also be situations where one of the parties is unaware of what boilerplate language is and how it …
In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA. This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them. When this is the case, the parties may …