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Facts - Books - News    U.S. Facts Of Law:

Arbitration and Mediation


Arbitration is a method of legal dispute resolution involving the use of an arbitrator to hear the points of an issue from both parties and determine a binding decision.  The arbitrator is a neutral party similar to a judge who is trained and experienced in resolving disputes of a specific type.

Arbitration is normally used when an agreement has previously been entered into by the parties involved to accept binding arbitration in the event of a dispute.  Arbitration may also be used in labor disputes relating to grievances and collective bargaining agreement disagreements.  Arbitration can save both parties much of the expense of trial litigation, move faster than a congested court docket and allow the arbitrator much flexibility in resolving the issues.


Mediation provides a method where two parties can enlist the services of an impartial mediator to help them reach an amicable agreement on a matter.  The mediator is usually a professional in the field concerning the subject matter and offers both parties an impartially researched opinion and advice concerning their common interest and the structure and content of the agreement.

Mediation is commonly used in disputes between countries, states, corporations or other entities where strict application of legal precedent is lacking or not applicable.  This can include issues concerning commerce, borders, treaties and war.  Mediation is also useful in domestic matters such as marriage agreements or prenuptial agreements.


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Arbitrability Basics: An Illustration Of The QuotAutonomyquot Principle Mon...
Arbitrability Basics: An Illustration Of The quotAutonomyquot Principle Mondaq News Alerts Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract Almost. One must always bear in mind the quotseparabilityquot or quotindependencequot of the arbitration and more raquo

From Judge To Mediator And Arbitrator From Judge to Mediator and Arbitrator To be sure, I realized I would lack the hammer of the imminent trial alternative, so I took several courses in mediation, some of which involved role playing. But ultimately I thought it would just come naturally. After three years as a neutral, I can and more raquo

Encouraging Greater Use Of Mediation In International Commercial Arbitration ... Encouraging Greater Use of Mediation in International Commercial Arbitration Mediation is a staple of complex U.S. litigation. Whether mandated by court rule, imposed by judicial pressure, or initiated by the parties themselves, mediation is embedded in the fabric of complex case management. It is widely accepted because The Case For Early Mediation Or Arbitration In IP DisputesLaw360 Alternative Dispute Resolution in ReinsuranceLexology all 6 news articles raquo

Objection, Interrupted Litigation, Mediation Amp Arbitration United Monda...
Objection, Interrupted Litigation, Mediation amp Arbitration United Mondaq News Alerts It39s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. United States Litigation, Mediation amp Arbitration Carlton Fields 23 Mar 2018. and more raquo


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Facts of Law about arbitration and mediation

Facts of Law - Arbitration and Mediation