Matthew Ghikas | Fasken The purpose of this bulletin, the seventh in our “Dispute Resolution Clauses – Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin discusses the pros and cons of multi-tiered/escalating dispute resolution clauses. Multi-tiered dispute… Continue reading Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses
Category: Dispute Resolution
California SB 82 and the End of “Infinite” Arbitration
Maytak Chin, Adam D. Brownrout and Megan Tao | ReedSmith Key takeaways Effective January 1, 2026, SB 82 will add Section 1670.15 to the California Civil Code, which may materially reshape how the enforcement of dispute resolution provisions in consumer agreements may be enforced in California. Overview of SB 82 According to its legislative history,… Continue reading California SB 82 and the End of “Infinite” Arbitration
Reimagining Dispute Resolution Through the Client Lens: Strategy, Technology, and Outcomes
Kendal Enz | American Arbitration Association Client expectations are reshaping how success in dispute resolution is defined. Corporate legal departments are increasingly focused on outcomes — speed, cost control, transparency, and alignment with business strategy — and are using technology to hold firms and dispute resolution providers accountable to those goals. Legal leaders explored what this looks… Continue reading Reimagining Dispute Resolution Through the Client Lens: Strategy, Technology, and Outcomes
Mediation, Arbitration, Or Litigation: Which Option Is Best For You?
Callie Yu | Madison Law Not every legal dispute needs to go to court. In fact, many conflicts can be resolved faster and more affordably through alternative dispute resolution (“ADR”) methods such as mediation or arbitration. Understanding the differences between these options can help you choose the best approach for your case. Mediation Mediation is a private… Continue reading Mediation, Arbitration, Or Litigation: Which Option Is Best For You?
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation