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PRACTICE COLUMNS
Alternative Dispute Resolution
Can Parties Expand the Scope of
Review in an Arbitration Appeal?
Monday, March 20, 2006
Bob's client, a well-known insurance company, never thought it should provide coverage in the first place to an insured in a catastrophic personal injury case. Playing it safe, however, the insurer defended the case, and paid out several million dollars to the injured plaintiff in a settlement. But that was not the end of the story. Bob represented the insurer in its suit against the insured, seeking reimbursement for the multi-million dollar settlement amount and the considerable defense costs it incurred
SPONSOR SPOTLIGHT
Commerce Court ADR Procedure
Suited to Business Courts
Tuesday, February 7, 2006
The Commerce Court is providing a new alternative dispute resolution procedure to litigants. The procedure combines the use of a three-judge panel, ruling on the questions of law that will control the case, with arbitration, where the final factual determinations will be made in light of the three-judge panel opinion.
Expanding the Scope of
Appellate Review in Arbitration
Monday, December 19, 2005
When we last checked, Bob was trying to have his cake and eat it too. He sought arbitration so that his client could benefit from the lower costs and expeditious determinations that arbitration at its best offers. But he wanted to expand the scope of judicial review so his client could appeal any perceived errors of law in the final arbitration award.
Can Parties Expand the Scope of Review in an Arbitration Appeal?
Monday, October 17, 2005
Bob is clever. He likes arbitration. It is faster than litigation. Through the arbitrator-selection process, he can pick his judge and jury. Discovery is limited. And he knows that the arbitrator will understand the complexities of the cases that Bob customarily litigates.
Is There Really Confidentiality in Alternative Dispute Resolution?
Monday, September 19, 2005
When clients are counseled to consider alternative dispute resolution processes, whether arbitration or mediation, almost invariably this advice includes the representation that among the benefits will be complete confidentiality. They are told that no one, other than those who actually participated in the process, will ever become aware of what happened. Admissions, concessions and even embarrassing situations will remain known to only a very few, and even they will be subject to restrictions designed to e
Options Available When There Are No-Shows in Arbitration
Monday, August 15, 2005
Robert hit a roadblock in his last arbitration proceeding. Representing a bank, Robert duly served the arbitration demand on the bank's high-net-worth borrower who owed more than $600,000, presented all of his evidence at the arbitration hearing at which the borrower was a no-show, and received the expected arbitration award for the full amount of the bank's demand.
Frustrations Involved in Dealing With Shows in Arbitrations
Monday, June 20, 2005
Anne's attorney Robert has been having a tough time prosecuting Anne's corporate-waste claims against John. Robert just cannot make any progress in getting to the final arbitration hearing. But at least Robert has a busy law practice. There are other matters that keep him busy, and even more importantly in holding up his damaged ego, provide him with victories and success.
Apologies Can Make All the Difference in Dispute Resolution
Wednesday, June 1, 2005
One of the greatest lost opportunities in our litigious society is the chance to apologize in a way that really matters. The conventional wisdom has been that an apology will be viewed as an admission of liability which should be carefully avoided. There is a mounting body of evidence, however, that genuine apologies reduce the risk of litigation and help resolve legal disputes once they arise. On the other hand, an apology diluted by fear of legal consequences can actually make matters worse.
Party-Appointed Arbitrators - Watch Out!
Monday, April 18, 2005
Anne's attorney finally has figured it out. Last month, the mediation session fell apart because Anne's former partner - and now adversary - John did not act in good faith. But, the parties have all agreed to go back to arbitration. At Anne's attorney's suggestion, this arbitration will have three arbitrators, not one; John and Anne will each have the chance to choose a party-arbitrator.
Avoid Using Boilerplate Language in ADR Clauses
Thursday, March 31, 2005
Too often contractual arbitration clauses are simply boilerplate language imported from one contract to another. The lawyerly thoughtfulness that goes into drafting other provisions of the agreement usually are not applied to ADR clauses.
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