Alternative Dispute Resolution (ADR)
This is FindLaw's collection of Alternative Dispute Resolution (ADR) articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Litigation and Disputes
Alternative Dispute Resolution (ADR) Articles
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The trend to alternative dispute resolution (ADR) procedures has gained national support and recognition. Many cou. -
If you decide to take legal action following an injury (also known as a tort action), you will probably have to mak. -
There are interesting parallels as well as interesting . -
For many years, the real estate industry has taken for granted that pre-dispute jury waivers negotiated in leases, purchase and sale agreements and loan documents will be enforced in California. These waivers have been widely used to resolve disputes by the court, while avoiding many of the potential perils of a trial by jury, such as excessive or inadequate damage awards, jury nullification, bias or prejudice against corporations, delay, inconsistent fact finding, misunderstanding of the law and outright juror misconduct. -
(Article appeared in the 1998 North American Trade Guide) All Rights Reserved International business disputes . -
(Article appeared in the 1996 Official Export Guide) All Rights Reserved The primary concern of all U.S. export. -
The enforceability of agreements to arbitrate employment disputes remains an open question. -
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture. -
Economic, regulatory and other market forces create a dynamic automotive industry requiring flexible strategies to stay competitive. While manufacturers must respond to international and national trends, dealers focus on local market demands. Consequently, the strategies adopted by manufacturers and dealers often conflict and result in mutually exhausting litigation, distracting resources required to stay competitive. -
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms ? commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process through which the parties meet and try to negotiate a resolution to their dispute by using an objective third-party facilitator. Arbitration is a process that results in a binding decision that the parties can seek to enforce through the courts. Outlined below are the basics that can be expected in the typical mediation or arbitration.