CHALLENGES OF THE “PARTY” ARBITRATION IN THE COMMERCIAL SETTING
In any commercial case, the goal of the arbitration is a swift and expeditious resolution of the litigation with a savings of time and money. At a minimum, while not always as swift as we would like, one would hope that it will afford a faster and more efficient process than that provided by the court system. Typically, t...
TRAVEL THE ROAD TO A SUCCESSFUL MEDIATION
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
DON'T FEAR THE EXPERT AT MEDIATION
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
MEDIATION AS CATHARSIS – LEGAL AND THERAPEUTIC
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
ADR AND THE INTERNET: “CLICKWRAP” AND THE ARBITRATION AGREEMENT
Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...
ARBITRATION CLAUSES IN CONSUMER MASS MARKETING AGREEMENTS: CLARITY AND CONSENT
Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...
USING MANDATORY ARBITRATION TO RESOLVE WORKPLACE DISPUTES
The ability to require compulsory arbitration in the employment setting is supported by the Federal Arbitration Act (FAA), which formalized the general principle that arbitration is a matter of contract. However, for decades, a debate raged as to whether employment contracts were excluded. Subsequent U.S. and federal court c...