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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Alternative Dispute Resolution Policy Statement
Release No. 34-40306 Alternative Dispute Resolution Policy Statement AGENCY: Securities and Exchange Commission : Final Statement of Policy : Consistent with the Administrative Dispute Resolution Act of 1996, the recommendations of the National ...
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Alternative Dispute Resolution Seminar
Arbitration is the referral of a dispute to one or more impartial persons for final and binding determination. Parties may agree in their contract in advance to arbitrate any dispute that arises, or they may agree later, after the dispute arises, to ...
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Arbitration Agreements
The enforceability of agreements to arbitrate employment disputes remains an open question. Federal and state courts have split over the enforceability of arbitration agreements. California courts continue to attempt to enforce arbitration ...
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Arbitration & Mediation: When it Comes to Arbitration, Be Careful What You Ask For
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis. This ...
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Arbitration-Domestic Commercial
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings. In each of Huras v. Primerica Financial Services Ltd. (2000), 13 C.P.C. (5th) 114 (Ont ...
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Arbitration Expert Predicts 21st Century Trends
Thomas J. Stipanowich, a law professor at the University of Kentucky and a nationally- recognized expert in the field of arbitration, presented his views on the future of arbitration at the ADR Section's Annual Meeting on September 16, 1998 ...
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Arbitration in Florida: Voluntary or Court Ordered
Today's trial practice requires that attorneys be familiar with the most common forms of alternative dispute resolution (ADR). These include mediation and arbitration. It is rare to find a trial practitioner today who is not experienced with ...
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Arbitration In International Project Finance: Drafting the Arbitration Provision
This is Part Two of a Two-Part Series on the use of Arbitration in International Project Finance Transactions Part One of this article discussed the increasing role of arbitration as the preferred method for resolving disputes in international ...
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Arbitration: International Commercial
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have ...
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Arbitration Over a Court Proceeding: Is There Really Any Question?
Although legal scholars can debate whether the court system can or should accommodate a quick and judicious resolution of disputes, the plain fact is that this system has let business people down in every state of the union. Arbitration is to ...
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