This is FindLaw's collection of Alternative Dispute Resolution (ADR) articles, part of the Litigation and Disputes section of the Corporate Counsel Center. "ADR" refers to any means of settling disputes outside of the courtroom and is usually less formal, less expensive, and less time-consuming than a trial. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. 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.
Alternative Dispute Resolution (ADR)
Litigation and Disputes
Alternative Dispute Resolution (ADR) Articles
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U.K. Arbitrators Construe Hand-Written Settlement Agreement
Intermittently over the past four years, an arbitration panel in London has been the forum for a complex insurance coverage dispute arising out of a disastrous explosion at a manufacturing plant in Louisiana. The plant was owned by a Louisiana ...
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The Increase in Adversarial Proceedings Between Energy Companies
Reprinted from the Houston Business Journal, October 8, 2004 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 ...
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Take Care in Modifying Construction Industry Form Contracts
All of us are familiar with AIA Form Contracts, particularly AIA document A201, General Conditions of the Contract for Construction. AGC of America also publishes form contracts for use by the industry. One form is sometimes integrated with another ...
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Runaway Jury Waivers: Pre-dispute Waivers May No Longer Be Enforceable Under California Law
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 ...
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Overview of a Lawsuit
When most people think of the American legal system, they probably think of a courtroom where lawyers argue their cases to the jury under the auspices of a judge. The media and entertainment industry has bombarded the viewing public with dramatic ...
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NLRB Targets Employee Handbooks
In a recent trend that should concern both union and non-union employers alike, unions have been extremely active in challenging the legality of seemingly innocuous language commonly found in employee handbooks. Of even greater concern is that the ...
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Verdicts & Settlements
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental visitation rights or an employee grievance over working conditions), the parties are often willing to be highly creative in the crafting of a ...
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The Rise In Motor Vehicle Dealer/Manufacturer Disputes: How To Avoid Becoming A Litigation Victim
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 ...
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Southern District Of New York Applies New York Insurance Law Section 1213 To Strike Unauthorized Insurer's Pleading For Failing To Post Security
The Southern District of New York recently struck the answer of an unlicensed foreign insurer that failed to post pre-answer security, and ordered the imposition of statutory penalties of pre-judgment interest and attorneys' fees for its vexatious ...
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To Compel Arbitration, The Dispute Must Not Only Arise Out of But Also Relate to The Parties' Agreement
The Ninth Circuit has issued a recent reminder of the care which must be taken in drafting arbitration clauses in technology (and other) agreements. The parties had made the agreement that in the event any controversy or claim arising out of this ...