Mandatory Arbitration Clauses

Should I Agree to Arbitration? Part 2

I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a

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Should I Agree to Arbitration? Part 1

People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation and arbitration. In addition, they often want to know the difference between arbitration and a traditional lawsuit—meaning, going to court.

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Who Benefits From Mandatory Arbitration Clauses? Part 2

It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to include an arbitration clause in an agreement. It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause.

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Who Benefits From Mandatory Arbitration Clauses?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties

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