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

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President Trump’s Executive Order 14179, titled “Removing Barriers to American Leadership in Artificial Intelligence,” rescinded earlier AI safeguards and instructed various federal agencies to fast-track AI… Continue reading AI Innovation Is Accelerating, but Oversight Is Fragmented: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

Reducing Dispute Risk in Construction Projects: The Role of Experts

Geoff Adair, Stephanie Console, Matthew Liben, Lindsay Rowell and Andrew Kavanagh | Blakes Involving experts early and thoughtfully in construction projects is critical to mitigating disputes and achieving successful outcomes. Experts provide objective technical analysis, help translate complex data and enhance the credibility of project decisions, all of which position parties to avoid or efficiently… Continue reading Reducing Dispute Risk in Construction Projects: The Role of Experts

One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts

Jonathan W. Fitch | JAMS Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may arise in performance and the best way to deal with them. A court proceeding… Continue reading One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts

Dispute Resolution: Compelling Third-Party Evidence in the United States through Section 7 of the Federal Arbitration Act

Mark R. Wulfe, Camille Ng, Rachel B. Goldman and Martin Gusy | Bracewell This article is an extract from Lexology In-Depth: Dispute Resolution – Edition 17. Click here for the full guide.  Introduction This year marks the 100th anniversary of the Federal Arbitration Act (FAA),1 the key federal legislation governing arbitrations in the United States. Section 7 of… Continue reading Dispute Resolution: Compelling Third-Party Evidence in the United States through Section 7 of the Federal Arbitration Act