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Alternative Dispute Resolution Basics for Those in Business ( July 2005 )
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms – commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process through which the parties meet and try to negotiate a resolution to their dispute by using an objective third-party facilitator. Arbitration is a process that results in a binding decision that the parties can seek to enforce through the courts. Outlined below are the basics that can be expected in the typical mediation or arbitration. -
Automotive Manufacturer/Dealer Litigation will Likely Increase as a Result of the Changing Economic and Regulatory Landscape ( August 2004 )
Automotive manufacturers and dealers are confronted with an increasingly competitive environment wherein too many competitors offer an excessive supply of an increasingly redundant and deflationary product to a saturated marketplace. To increase sales and profit margins, manufacturers and dealers have been forced to adopt strategies that may conflict with one another, the manufacturer's international and national strategies often at odds with the dealers' regional and local competitive requirements. These economic forces, coupled with procedural and regulatory laws, are increasingly resulting in litigation. -
How Does Arbitration Differ From Mediation and Civil Litigation? ( May 2004 )
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms – commonly referred to as "ADR" – to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process in which the parties use an objective third-party facilitator to try to negotiate a resolution to their dispute. -
The Increase in Adversarial Proceedings Between Energy Companies ( October 2004 )
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture. -
The Rise In Motor Vehicle Dealer/Manufacturer Disputes: How To Avoid Becoming A Litigation Victim ( July 2005 )
Economic, regulatory and other market forces create a dynamic automotive industry requiring flexible strategies to stay competitive. While manufacturers must respond to international and national trends, dealers focus on local market demands. Consequently, the strategies adopted by manufacturers and dealers often conflict and result in mutually exhausting litigation, distracting resources required to stay competitive. -
Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California ( June 2005 )
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law. -
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration ( March 2005 )
It is common today for consumer goods and services purchase and financing agreements, and credit card agreements, to include a provision requiring disputes to be submitted to arbitration. These provisions identify the arbitration forum in which the dispute will be determined, and often spell out procedural requirements, limitations and other aspects of the process. -
Arbitration & Mediation (March 2004): When it Comes to Arbitration, Be Careful What You Ask For ( October 2004 )
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis. -
The Increase in Adversarial Proceedings Between Energy Companies ( October 2004 )
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture -
Employer Policy Changes: Notice By Email or Ink ( September 2004 )
An employer sends a company-wide email notifying employees about a new policy mandating arbitration of employment disputes. Later, an employee files a lawsuit in Court claiming that he was wrongfully terminated by the company because of a disability. The Court denies the employer’s request that the former employee should be required to arbitrate his claim according to the new policy, and allows the lawsuit to proceed in Court.
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