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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Be Cautious About Arbitration Clauses
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes ...
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Beyond Mediation
Now that mediation has become an accepted part of the practice of trial law, many trial lawyers are expanding their skills to include other forms of alternative dispute resolution (ADR). Since ADR is usually contractual, the parties are at liberty ...
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Bridging the Enforcement Gap?
Enforcing foreign arbitral awards in China has never been straightforward. Foreign companies have found in the past that even after winning an arbitral award in a foreign country, it may not be easy to persuade a People's Court to recognize and ...
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Canadian Law on International Commercial Arbitration
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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Collateral Estoppel and the Scope of Review of Arbitral Awards in California
On March 25, 1998, the California Supreme Court granted review, and asked for briefing on the issue of "Whether commercial arbitration decisions have collateral estoppel effect," in Vandenbergv. Superior Court (Sacramento), 59 Cal.App.4th 898, 69 ...
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Community Dispute Resolution Centers Provide Accessible ADR Throughout the State
In 1988, the Michigan Legislature passed the community Dispute Resolution Act which established the Community Dispute Resolution Program. That Program helps fund Community Dispute Resolution Centers throughout Michigan. There are currently 27 such ...
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Consumer Arbitration Agreement Which Failed to Specify Allocation of Costs Held Unenforceable
In Randolph v. Green Tree Financial Corp. (11th Cir. 6/22/99), the U.S. Court of Appeals ruled that an arbitration agreement was unenforceable for claims arising under the Federal Truth in Lending Act, because the agreement did not ensure that the ...
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Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer ...
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Consumer Guide to the Legal Fee Arbitration Program
The Fee Arbitration Program is an informal, inexpensive service provided by The Florida Bar to resolve legal fee disputes between attorneys and clients and between attorneys. The arbitration process may be initiated by either the client or the ...
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Despite Strong Federal Policy in Favor, EEOC Takes Substantial Steps Against Arbitration of Federal Discrimination Claims
There is a strong federal policy in favor of arbitration of claims and disputes . . . isn't there? Apparently, the United States Equal Employment Opportunity Commission ("EEOC" or "Commission") does not believe so, at least with respect to claims of ...
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