Arbitration and Mediation Practice Areas
Arbitration and Mediation in the News
When U.S. District Judge Jed Rakoff tossed Goldman Sachs' attempt to vacate a huge arbitration award against it stemming from the Bayou Group hedge fund fraud, he did not mince words. Rakoff said he rejected Goldman's appeal of the $20.6 million award because, having "voluntarily" entered arbitration, "this wonderful alternative to the rule of reason," the bank "must suffer the consequences." [Read More...]
Arbitration and Mediation : Articles
Why Use Arbitration Instead
Of Going To Court?
It is estimated by The American Bar Association that approximately 100 million individuals in the U.S. find themselves lacking legal help because of the high expense that is attached to the justice system. During a survey that was conducted in 1999, it was found by the National Center for State Courts that, of all Americans, a paltry 32% believed that they could afford a court case with only ....[ Read More ]
Can I Choose My Own Arbitrator Instead of Going to the AAA?
It is possible for parties seeking arbitration to use private sources in order to find an arbitrator if they do not wish to use the National Academy of Arbitration (NAA) or the AAA. Arbitrators can be found in a variety of ways such as in legal publications. [ Read More ]
How Is The Arbitrator Selected?
According to the rules provided by the American Arbitration Association, the arbitrator is chosen by having both of the parties remove or “strike” any listed arbitrators who they believe to be unacceptable. The original list typically contains from 8 to 12 names which have been selected randomly from... [ Read More ]
Is The Arbitration
Process Confidential?
Unlike court trials, arbitrations are not public. All of the information which is discussed during an arbitration is confidential and any matters which are unveiled are typically non-discoverable during future proceedings. Because of this, nothing that is stated during the arbitration is subject to use, for either defense or prosecution, during a follow-up court proceeding.
[ Read More ]
Are There Different Forms
of Arbitration ?
Arbitration proceedings are either nonbinding or binding. The binding arbitration is one which is final with the outcome rarely being able to be appealed. In contrast, the nonbinding arbitration is typically court mandated and is able to be appealed. [ Read More ]