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Arbitration Waivers

Aribtration clauses are becoming increasingly common as a way to more expeditiously resolve disputes that can arise between parties to a contract. With an arbitration, a neutral, third-party arbitrator decides the case, as opposed to a judge or a jury. Many disputes can arise with respect to the enforceability of an arbitration provision (e.g., unconscionability, […]

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Trust Litigation & Disputes: Mediation and Arbitration

Because probate, trust and estate litigation is often quite complex and expensive (e.g, breach of trust, trustee removal, trust contests),  many estate planning and drafting attorneys have included provisions to try to avoid or expedite these problems if a dispute arises down the road. An increasingly common way they combat this is by including mandatory […]

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Waiver of Contractual Arbitration

Many contracts contain clauses stating that if a dispute arises about the contract then the controversy may only be resolved through arbitration. An arbitration is where a third-party makes a final, binding decision about a case. One of the benefits of arbitration is that it is often less expensive than litigation. It further avoids the […]

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Judicial Review of Arbitration Awards

Arbitration is when a third-party or panel of individuals (i.e., arbitrator(s)) makes a binding decision resolving a dispute. It is often conducted in lieu of litigation to avoid the costs and expenses of a trial. The normal rules of evidence and procedure present in litigation do not exist with an arbitration.  “Given the purposes of […]

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Defenses to Arbitration Clauses in Contracts

Because of the time and costs associated with litigation, arbitration provisions are often included in contracts to avoid the court system. In an arbitration, an individual or group of individuals make a binding decisions about the dispute. The normal trial rules, due process protections and procedural guarantees that are present in a court or jury […]

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Agreements to Arbitrate

Given the sometimes staggering costs of litigation, written contracts will often contain provisions containing agreements to arbitrate a dispute in the event of disagreement or possible breach of contract. With an arbitration, an independent third-party makes a binding decision after each party has an opportunity to be heard. The typical rules of civil procedure, evidence […]

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Motion to Compel Arbitration/Mediation, Contracts

Given the high cost of litigation, many contracts will call for mediation or arbitration as a way to avoid a traditional lawsuit. For the sake of clarity, an arbitration is where parties agree to resolve a dispute in front of a neutral third-party and agree to be bound by the third-party’s decision. This is very common […]

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Difference Between Mediation and Arbitration

In more complex cases, there has been a growing trend to opt for mediation or arbitration either before litigation commences or immediately after it commences. As any seasoned litigation attorney can attest, the expense and cost of litigation can be enormous. Cases can take several years to complete at the trial level. If there is […]

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