Legal Articles

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,…

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…

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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