News & Analysis as of

Dispute Resolution Mediation Arbitration

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

McGlinchey Stafford

AAA Overhauls Its Consumer Arbitration Rules

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On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales (Updated)

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Disputes in England and Wales are usually adjudicated after an adversarial process, either by a judge in court-based litigation or by an arbitrator in an arbitration. Litigation is governed by wide-ranging and detailed rules...more

Mandelbaum Barrett PC

Alternative Dispute Resolution Methods to Consider

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When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Ropes & Gray LLP

[Podcast] Real World; Real Problems—First Steps in Addressing Real Estate Partnership Disputes

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On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

Troutman Pepper Locke on

On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Bradley Arant Boult Cummings LLP

Federal Layoffs and the Future of Labor Disputes – Understanding the Effects of the Recent Cuts to the Federal Mediation and...

Federal layoffs have been a focal point of President Trump’s administration, drawing both strong support and opposition. On March 15, Trump issued an executive order directing seven federal agencies to make workforce cuts....more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Bradley Arant Boult Cummings LLP

Seeking a Revenge Premium in Business Divorce: Resisting the Urge to Plunge Headfirst Into Quicksand

When longtime business partners in private companies go through a business divorce, emotions often run high. One or both of the partners may be seeking a “revenge premium” in the business divorce process based on their...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Miles Mediation & Arbitration

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

U.S. Legal Support

The Critical Role of Accurate Transcripts in Arbitration and Mediation Success

U.S. Legal Support on

Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike. While the contents of...more

Miles Mediation & Arbitration

Arbitration vs. Mediation: Choosing the Right Path to Resolution

As an attorney, you already know that litigation is expensive, time-consuming, and stressful for all involved. Fortunately, alternatives to traditional litigation exist which offer faster, more affordable, and less...more

Offit Kurman

Creative Ways to Avoid Litigation

Offit Kurman on

When disputes arise, parties very often go straight to filing a lawsuit. Sometimes, that tactic can be effective. However, it may not be so effective for those individuals or small businesses seeking to minimize costs. Costs...more

Miles Mediation & Arbitration

The Future of In-House Dispute Resolution Processes: Factors for Employers to Consider

What happens to the embedded in-house dispute resolution process if the company turns away from the DEI (diversity, equity, inclusion) policy for various reasons, including political ones? Or fear that it is seen as setting...more

BCLP

Getting the Ball Rolling: Sports Disputes Resolution in Hong Kong SAR

BCLP on

These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15th National Games (which Hong...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

Mandelbaum Barrett PC

Question and Answer with a Corporate Law Attorney: FAQs Answered

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Starting and running a business can be an exciting yet overwhelming journey, and the legal side of things often adds complexity. Many entrepreneurs and business owners find themselves with pressing questions about how to...more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on

Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

DLA Piper

American Arbitration Association Opens Comment Period for Draft Amendments to the Consumer Arbitration Rules

DLA Piper on

In early February, the American Arbitration Association (AAA) announced proposed changes to its Consumer Arbitration Rules. As part of those changes, AAA is seeking comments on the proposed revisions, with the comment period...more

Lasher Holzapfel Sperry & Ebberson PLLC

Pre-Litigation Mediation, Is it For You?

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...more

Morris, Manning & Martin, LLP

AAA Seeks Public Comment on Proposed Revisions to Consumer Arbitration Rules

The American Arbitration Association (AAA), the country’s largest consumer arbitration administrator, is seeking public comment on proposed revisions to its Consumer Arbitration Rules through the end of the month....more

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