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

US Jury Trials For International Construction Disputes

Zachary Song and Manushi Desai | Steptoe International construction and energy firms operating in the US may be subject to US jury trials which present different strategic considerations for firms that may be accustomed to resolving disputes by international arbitration. On August 6, 2025, the United States District Court for the Eastern District of Michigan in… Continue reading US Jury Trials For International Construction Disputes

AI Innovation Is Accelerating, but Oversight Is Fragmented: Why ADR Must Fill the Governance Gap

Ryan Abbott | JAMS The United States government is encouraging the rapid advancement of artificial intelligence (AI), yet it has not established a federal regulatory framework for AI use. For example, President Trump’s Executive Order 14179, titled “Removing Barriers to American Leadership in Artificial Intelligence,” rescinded earlier AI safeguards and instructed various federal agencies to fast-track AI… Continue reading AI Innovation Is Accelerating, but Oversight Is Fragmented: Why ADR Must Fill the Governance Gap

The Clause That Can Cost The Most If You Get It Wrong

Erika Levin, Ari Stern and Samantha Kunin | Fox Rothschild Why strategic drafting of dispute resolution clauses is essential in high-stakes dealmaking The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of… Continue reading The Clause That Can Cost The Most If You Get It Wrong

Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects

Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects