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
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
Arbitration and Mediation News
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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
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Law.com From Judge to Mediator and Arbitrator Law.com 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
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Law.com Encouraging Greater Use of Mediation in International Commercial Arbitration Law.com 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
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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