Benefits
of Employment Arbitration in Employment Law
February 2011: Alternative
dispute resolution presents the only proven alternative to litigation of
employment and workplace cases. Voluntary arbitration, at the option of an
employee after a dispute has arisen, is non-controversial and of some benefit.
Unfortunately, many times after a dispute has arisen, the parties become less
flexible, gird for battle, and are less inclined to step back from judicial
confrontation.
Resolving
Disputes Among Small Business Owners
January 2011: Under current law, a
court has relatively few options available to it to resolve disputes between
partners, shareholders or managing members of business entities. Those options
are often limited to a determination as to whether dissolution is appropriate,
as that may be the only remedy that a court can provide. Derivative actions,
too, are complex and uncertain in the closely-held entity context. Mediation and
arbitration, on the other hand, are flexible procedures which can be focused on
the issues and interests that are key to the parties, offer a whole range of
remedial options and do so in an expeditious and cost effective manner.
Benefits
of Mediation and Arbitration for Dispute Resolution in Securities Law
January 2011: Mediation and arbitration have particular applicability in the
field of securities law. Securities arbitrators are knowledgeable in the field.
Discovery is limited in arbitration and sanction very rare. Securities mediation
can quickly resolve the dispute, reduce customer anger and provide for a
non-monetary component.
Benefits
of Mediation and Arbitration for Dispute Resolution in Trusts and Estates
Law
January 2011: Mediation and arbitration, both of which are
responsive to party needs in a way that is not possible in a court proceeding,
are two of the most frequently utilized forms of dispute resolution. They have
particular applicability in the field of Trusts and Estates, which by its very
nature often involves family members and has significant emotional components.
Benefits
of Alternative Dispute Resolution for Resolving Municipal Disputes
January 2011: When a dispute involves a municipality, the costs of resolving
it will typically be borne by the taxpayers either directly through taxation, or
indirectly through increased insurance premiums. No matter who ultimately
prevails in the action, it is the taxpayer who pays. Arbitration and mediation
can be used as an expeditious, more cost-effective means to remedy these
disputes.
Introduction to Alternative Dispute Resolution for the LGBT Community
January 2011: Mediation and arbitration have particular applicability in disputes involving the LGBT (Lesbian, Gay, Bisexual and Transgender) community, where confidentiality and discretion may be of particular interest to the parties and where courts may be insensitive or even hostile to parties. In LGBT family issues there is a dearth of applicable law and traditional family law can be inapplicable.
Insurance/Reinsurance Arbitration and Mediation
January 2011: Where insurers and re-insurers find themselves consistently involved in matters that are heading towards or involved in litigation, it is no surprise that the industry currently makes extensive use of a variety of dispute resolution processes.
Mediation
to Resolve Workplace Disputes: A User's Guide
January 2011: Any lawyer
asked to handle an employment dispute – whether on the plaintiff’s side or
employer’s side –should consider the alternative of mediation and should also be
aware of the possible existence of an agreement requiring mediation or
arbitration of a particular dispute.
Successful
Resolution of Co-op, Condo and Homeowners Association Disputes
December
2010: Mediation and arbitration, both of which are responsive to party needs in
a way that is not possible in a court proceeding, are two of the most frequently
utilized forms of dispute resolution. They have particular applicability in the
field of Cooperatives and Condominiums since the process may result in
preserving relationships and enhancing a sense of community among neighbors.
Benefits
of Mediation and Arbitration for Dispute Resolution in Entertainment Law
January 2011: Litigation requires a huge investment of time and money for an
uncertain verdict. Clients in the entertainment industry must also risk
irreparable damage to their reputation. Mediation and arbitration have
particular applicability in the field of entertainment law.
Benefits
of Mediation and Arbitration for Dispute Resolution in Health Care
January 2011: Healthcare providers, insurers and suppliers rely to a large
extent on professional relationships to fulfill their Missions and advance their
business models. When disputes arise, preservation of the underlying
relationship is often critical to the parties. Arbitration has become very
common in the resolution of commercial disputes and is routinely incorporated
into such contracts as a method of choice for resolving disputes.
Benefits
of Mediation for Dispute Resolution in Elder Law
January 2011: Mediation
has particular applicability in the field of Elder Law, specifically, mediating
end of life issues; mediating guardianship disputes; mediating elder care issues
between children/siblings of the parent and getting the elder person’s voice
heard.
Benefits
of Arbitration and Mediation for Dispute Resolution in Intellectual Property
Law
January 2011: Mediation and arbitration are no longer alternative
dispute resolution (ADR) mechanisms, but have become common in the resolution of
commercial and non commercial disputes between business entities and/or
individuals. Mediation and arbitration are routinely incorporated into contracts
as the methods of choice for resolving disputes that may arise in the future and
are also routinely used after problems arise and the parties are seeking a means
to resolve their disputes.
