Agreements to Arbitrate Are Simple, Right?

Ira M. Schulman | Pepper Hamilton LLP | March 31, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?

Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Early Mediation of Insurance Coverage Disputes

Bruce A. Friedman | JAMS ADR Blog | March 24, 2016 Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.  In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer mediate coverage disputes prior to engaging in litigation. … Continue reading Early Mediation of Insurance Coverage Disputes

Mediating With an Opponent Who Has Insufficient Authority

John Benjamin Patrick | Gordon & Rees LLP | March 7, 2016 It’s a common enough problem: you’ve been in mediation for 7 hours, and the parties are close to getting a deal done. The gap that appeared insurmountable after lunch has narrowed enough that you can almost shake hands across it. And then the… Continue reading Mediating With an Opponent Who Has Insufficient Authority

Mastering Dispute Resolution Clauses

Steven K. Davidson and Michael J. Baratz | Steptoe & Johnson LLP | February 9, 2016 Three Tips for Better Enforcement of Arbitral Awards Congratulations—you won your arbitration but now the other side refuses to pay.  Steptoe’s judgment enforcement practice is among the best in enforcing and collecting on awards and judgments.  Enforcing an award… Continue reading Mastering Dispute Resolution Clauses