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Institutional Fact-Finding? Getting Started - Where To Go?
In today's era of electronic speed public trust, institutional goodwill, brands and corporate reputations, which took decades to build, can be shattered in hours or even minutes.The scenario is all too familiar.A situation arises in a company, which could become embarrassing.Unsubstantiated facts...
Read MorePreserving Justice, Speed And Economy Of Arbitration
It is not known to many, but incorporated into the American Arbitration Association 's (AAA) logo for many years, around three triangles, were the words justice, speed and economy - three foundational principles for the delivery of arbitration and other alternative dispute resolution (ADR) services...
Read MoreThe Demise Of Pre-Dispute Jury Trial Waivers In California
Businesses seek to include provisions in contracts that provide for jury trial waiver to avoid the uncertainty which comes with jury trial, while retaining the right to appeal. Prior to 1994, courts routinely enforced such pre-dispute provisions.1 Then in a seminal case, Bank South, N.A. v. Howard...
Read MoreAlternative Dispute Resolution And Its Use In Commercial Insurance Disputes
Alternative Dispute Resolution (ADR) has been successfully used for a number of years as an effective method for resolving a wide variety of insurance-related disputes. Examples include the use of arbitration to resolve uninsured motorist and no-fault cases, as well as subrogation disputes between...
Read MoreAAA: Leading ADR Into The Future - An Update
Editor: What role has globalization played in the expansion of ADR worldwide? Do you foresee a system where international trade is governed by standard legal principles rather than individual state laws? Slate: The answer to your first question is that the globalization of business has led...
Read MoreAAA/ABA Revised Code Of Ethics Provides Important Guidance On Arbitrators' Conduct
For more than 25 years the American Arbitration Association (AAA)/American Bar Association (ABA) Code of Ethics for Arbitrators in Commercial Disputes served as the definitive source of ethical guidance for arbitrators and others involved in the dispute resolution field. Although the Code is...
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