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. “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.
Litigation and Disputes
Alternative Dispute Resolution (ADR) Articles
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Internal Dispute Resolution Programs: A Growing Trend
The face of corporate America in Hawaii and across the nation, has changed dramatically over the past decade. The traditional relationship between employees and management has been transformed into team-oriented decision-making and there has been a ...
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Is an Arbitration Panel A “Tribunal”?
In the course of an arbitration in England under the English Arbitration Act of 1996, entitled Medway Power Limited against TBV Power Limited and Marubeni Europower Limited, Medway Power Limited moved the United States District Court for the ...
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Is Litigation the Only Alternative?
One of the themes that I have stressed in many of my articles, which is also a theme I stress in daily practice, is avoiding misunderstandings by writing up your understandings, hopefully with the help of a qualified attorney. But what if a ...
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Lawsuit or Life? A wrongful termination case demonstrates how both the utility and the limitations on legal advice operate in the real world of lawyering.
A classic bit of business of the Jack Benny Program involved a masked hoodlum accosting the comic and his friends on a city street. "Your money or your life," the hoodlum growled while brandishing his gun. Benny's friends began to reach for their ...
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Mediating Probate Disputes or Herding Cats
The Texas Alternative Dispute Resolution Procedures Act (Texas Civil Practice and Remedies Code, Title 7, Chapter 154) authorizes the court, on the motion of either party or on the court's own motion, to refer a pending case for mandatory ...
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Mediation: An Effective Process to Resolve Complex Commercial Disputes
With the continuing rise in litigation costs coupled with the length of time it takes to fully litigate most complex commercial disputes, mediation provides an effective alternative technique for dispute resolution. Whatever the issue involved in a ...
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Mediation Can Be Binding
Mediation is non-binding. That statement is true, but only up to and until a settlement agreement is reached. In a recent case from the Tennessee Court of Appeals, the Court held that, absent fraud or mistake, once the agreement was reached, the ...
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Mediation Is Not For Sissies
Last month, a reporter from the Los Angeles Daily Journal asked me a question about mediation which gave me quite a chuckle. The topic was the exciting mediation program which Judge Robert Letteau has pioneered in the Probate Department of the Los ...
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Mediation Plus: An Inexpensive Way to Dispose of International Disputes
Mediation plus is the combination of known dispute resolution devices in an effort to circumvent the morass of litigation and arbitration, while still retaining the useful features of each. Mediation plus, while it may use more people than pure ...
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Mediation Saves M.E.T.
What is M.E.T.? It is the acronym for M - Money, E - Emotion, and T- Time. The following information is intended to give you insight into the mediation process and how it can save you M.E.T. Mediation is a process where persons involved in a dispute ...
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