Should I Agree to Arbitration? Part 2

I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

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Who Benefits From Mandatory Arbitration Clauses? Part 2

It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to  include an arbitration clause in an agreement.  It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause. An example of this would be an employment contract, where an employee must agree to a mandatory arbitration clause in order to get the job.  

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Who Benefits From Mandatory Arbitration Clauses?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties have agreed to do so – either in advance, such as in a written agreement between them, or after the dispute arises. Arbitration can provide consenting parties with an effective and desirable alternative to litigation.

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