Alex Radcliffe | Cooley The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council1 has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process. Background James Churchill bought a property adjoining land owned by the… Continue reading Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution
Category: Dispute Resolution
Inside The Minds And Hearts Of Dispute Resolution Neutrals
Christopher Keele | JAMS My thoughts on how mediators and arbitrators really think and act At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves.… Continue reading Inside The Minds And Hearts Of Dispute Resolution Neutrals
Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses
Marie Devereux and Roberta Downey | Vinson & Elkins Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution (“ADR”) processes that parties would need to go through or follow before referring a dispute to… Continue reading Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses
Spotlight: Alternatives to Litigation in USA
Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA
Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
David Adelstein | Florida Construction Legal Updates Don’t ignore dispute resolution provisions in a construction contract. Sometimes, you may want to. But dispute resolution provisions should be one of the first provisions you look to when a dispute arises recognizing these provisions will be raised if you fail to comply. Not only will they be raised, but… Continue reading Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract