Arbitration/ADRArbitration/ADR
About Arbitration/ADRArbitration and other alternative dispute resolution (ADR) processes can have advantages over filing lawsuits. Using litigation to resolve disputes is an expensive and time consuming process – taking years to move through the courts, often requiring expensive legal counsel and consuming significant amounts of time for defendants and plaintiffs alike. To engage in arbitration, two parties involved in a dispute identify an agreed-upon individual to serve as a neutral third party to review the facts and circumstances of the dispute and to issue a ruling to resolve the conflict. The arbitrator is impartial, independent and knowledgeable about the law, typically a retired judge or experienced neutral attorney. Virtually any type of dispute between private individuals or entities can be addressed by arbitration, including, for example, contract, real estate, employment, and tort disputes. An agreement to enter into arbitration or other form of ADR can be set out at the beginning of a relationship between two parties through contract language specifying an ADR process in the event of a dispute. Such an up-front agreement can be advantageous, avoiding the dynamic of a dispute arising and then one party forcing the issue into the courts due to a perceived strategic benefit of litigation over ADR. |
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Voters Strongly Back Arbitration, Poll ShowsOn July 15, 2008, ILR released a new analysis of California debt collection arbitration cases which provides the latest evidence that arbitration is a much better alternative for the consumer than the court system. Read the analysis (PDF)
In addition, a bipartisan survey released April 2, 2008 by ILR revealed that Americans strongly oppose legislation that would dramatically alter the way consumers and employees resolve disputes. ILR also released a detailed analysis of a Public Citizen report cited by opponents of arbitration. Read the press release |
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Latest News on Arbitration/ADR:
- Litigators Losing Love of Arbitration Argue for Trials
Law.com | September 1, 2010 - High court rules against Missouri Title Loans
St. Louis Post-Dispatch | September 1, 2010 - Has Arbitration Become More Burdensome than Litigation?
WSJ.com Law Blog | September 1, 2010 - Arbitrating over agreements to arbitrate
National Law Journal | August 26, 2010 - Are Trials About to Get Quicker in California?
WSJ.com Law Blog | August 25, 2010
