More Alternative Dispute Resolution (ADR) Articles

Alternative Dispute Resolution (ADR)

General Counsel Must Take Charge And Implement A Thoughtful ADR Approach

Editor: Tell us how your experiences at MasterCard attracted you to ADR and led you to take the helm at CPR. Hanft: I came to MasterCard in the 1980s with a largely litigation background and more importantly a litigation mindset, meaning that I subscribed to the rather traditional view that...

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Alternative Dispute Resolution (ADR)

Arbitration Clauses Can Make Dispute Resolution Arbitrary

The outcome of an arbitration can be determined by choice-of-law provisions and other clauses that dictate who may serve as an arbitrator and how the proceedings must be conducted. This is particularly true in the context of insurance coverage litigation, which often turns upon which state’...

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Alternative Dispute Resolution (ADR)

A Transformation From Public Law Litigation To Private Arbitration

Introduction In 1976, Abram Chayes, Felix Frankfurter Professor of Law at Harvard, described a transformation of civil adjudication from the previous traditional model of plaintiff v. defendant to “a new model of civil litigation” called “public law litigation.”[1]...

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