By: Dr. Justin Wood, Th.d, CJME A dispute may be ready for a binding ADR process at any time. In certain business or consumer disputes, the parties may be bound by contract provisions that require the use of a binding ADR process like arbitration. State laws requiring a binding ADR process may also apply to…
By: Dr. Justin Wood, Th.d, CJME Yes, mediation and arbitration are different. While they are both forms of alternative dispute resolution and share the same goal of resolving your case outside of the litigation process, there is one very significant difference. A mediator does not have the authority to make a decision and rarely will…
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 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 Sylvan Lane, The Hill “Acting Comptroller of the Currency Keith Noreika said Monday his agency wouldn’t formally seek the repeal of the Consumer Financial Protection Bureau’s (CFPB) forced arbitration rule, citing a lack of time to analyze its impact. Noreika, temporary head of the Office of the Comptroller of the Currency (OCC), said the OCC…
By Jean Murray Arbitration clauses in business and consumer contracts have been growing in recent years. Over the past few years, many online companies have instituted mandatory arbitration clauses in user contracts. In some cases, consumers are not aware of the mandatory arbitration clauses, because they are in fine print within a user agreement, or the…
By Dr. Justin Wood Over the last few decades there have been many new forms of alternative dispute resolution (ADR) established and VERY appropriate. Most notably; mediation which has a binding agreement made by the parties in which the mediator, a third party neutral, facilitates and helps walk the disputants through their disagreement to let…
By Matthew M. Hoffman Many business owners and construction industry entities prefer, as a matter of course, that construction disputes be submitted to binding arbitration. Others maintain that, because arbitration lacks facets of the procedural and legal structure of court litigation, only traditional litigation will ensure an outcome that is truly premised on the facts…
