By: Dr. Justin Wood, Th.d, CJME Whether an arbitration decision is binding on the parties depends on the terms of their arbitration agreement. Generally, arbitration results are binding arbitration awards unless the parties agree to advisory, or nonbinding, arbitration. If the agreement says “arbitration” without any modifier, then the arbitration decision is likely binding. In…
By: Dr. Justin Wood, Th.d, CJME Alternative dispute resolution techniques may be used at various stages of a matter and even before anything makes its way to the court docket. You do not have to wait for a matter to be filed in court to seek alternative dispute resolution techniques. Settlement is traditionally discussed at…
By: Dr. Justin Wood, Th.d, CJME Yes, mediation and arbitration can be combined. There are some benefits, but it can be tricky and may not always be advisable. A hybrid mediation-arbitration approach called “med-arb” combines the benefits of both techniques. Conflicting parties first attempt to collaborate on an agreement with the help of a mediator….
By Michelle Profit “The “Great Transfer”, over 30 trillion dollars in US wealth, is supposed to pass from baby boomers to their heirs in the coming decades, according to a study by the consulting firm Accenture. How contentious this transfer is, will be influenced by the ability of attorneys to draft wills that avoid litigation and…
