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
-
Failure To Appear For Court Ordered Mediation Is Sanction able Conduct (Roberts. V. Rose, 2000 WI 1534749)
While parties cannot be required to settle their differences at a mediation the trial court does retain authority to require parties to appear and at least talk about their differences. Failure to do so can result in sanctions being assessed. Please ...
Read More » -
Finding A Securities Broker
It's your money. Do you have reason to trust him/her and the company he/she works for? (a) What is his education? (b) What professional licenses does he have? Is he a licensed "registered representative" whose activities are regulated by the SEC ...
Read More » -
Hard Bargains
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 ...
Read More » -
How Does Arbitration Differ From Mediation and Civil Litigation?
Reprinted From Houston Business Journal, May 7, 2004 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 ...
Read More » -
How Much Justice Can You Afford?
Most litigation attorneys will readily admit that, when all is said and done, they are the only real "winners" left standing after completion of a lawsuit. The truth is that litigation is by far the most expensive and emotionally draining way to ...
Read More » -
How to Right a Wrong
How frustrating! You buy a product and it breaks. You try to return it or have the company fix it, but don't succeed. You talk with the salesperson, speak with the manager, and write letters to the company, and still you're not satisfied with the ...
Read More » -
ICC Arbitration Rules to be Revised
Despite the growth of other international arbitration institutions throughout the world, arbitration conducted under the Rules of Arbitration of the International Chamber of Commerce, with headquarters in Paris, remains the preeminent procedure for ...
Read More » -
Identifying Unfavorable Subcontract Clauses in California
This article contains a Subcontractor Clause Checklist intended to help subcontractors identify unfavorable contract clauses. It follows the order of the Long Form Standard AGC Subcontract, so that you may compare it with the corresponding ...
Read More » -
India Adopts New Arbitration Law
India has adopted a new arbitration law based upon the United Nations Commission on International Trade Law (UNICTRAL) Model Law on International Commercial Arbitration. The new law is titled the Arbitration and Conciliation Ordinance ...
Read More » -
Intellectual Property Disputes Under the Amended AAA International Rules
The arbitration of international intellectual property disputes presents unique challenges. Intellectual property is a valuable asset, yet, unlike other assets, it is rarely subject to territorial boundaries. Intellectual property, by its nature ...
Read More »