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Category: Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) – Litigation or Arbitration

Alternative Dispute ResolutionLitigation By Harvey Binnall PLLC - 2018/01/09 at 09:25am

One of the most important decisions that a party faces in drafting a new contract is how to settle any disputes that arise under the contract. More and more, parties are deciding to include arbitration provisions in agreements as the chosen method for deciding such disputes. Courts generally give these provisions great weight and will not hesitate to enforce them. There are a number of advantages to choosing arbitration over litigation at the onset of litigation. For instance, arbitration is often less expensive than full-blown litigation and it allows for a certain amount of customization in the dispute resolution process. […]

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ADR, arbitration, contracts, litigation

Alternative Dispute Resolution (ADR) – Why Mediate? I want to win!

Alternative Dispute Resolution By Harvey Binnall PLLC - 2018/01/09 at 09:25am

When a dispute has matured into full-blown litigation, often the relationship between the parties has soured and emotions run high. The natural result is for parties to eschew settlement and mediation and go for the all-out win in court. Mediation, however, should not be overlooked as an option, even in the most aggressive litigation strategies. Here are 3 reasons why. Litigating to trial is expensive and risky. Modern trial strategy can involve written discovery, depositions, pre-trial motions, expert witnesses, trial preparation, and (finally) trial. Each of these can be expensive and can reduce net recovery if a judgment is obtained. […]

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ADR, mediation