Arbitration

Is Mediating Prenups a Form of Marital Mediation? Connecticut marital mediation may cover a wide range of disputes that arise before, during, or after a marriage. For example, marital mediation may be scheduled to resolve child custody issues or property division disagreements. During mediation in Connecticut, the parties meet with a third party neutral, called a mediator. The mediator helps the parties create their own settlement agreement to finalize their case. The mediator is not a…

The order finds its foundation in the judicially innovative response to Mareva Compania Naviera SA v International Bulk Carriers SA, wherein the judiciary sought to put a stop to defeat claims by disposing of assets through increasingly sophisticated and complicated schemes. In Australia, the jurisdiction to grant the order is found in the inherent power of the court to prevent frustration of abuse of process, in statutory provisions including s 23 of the Federal Court of Australia Act 1976…

When people think of compromise, they normally think of an agreement. In this agreement, the two parties usually have to give up some interest and move toward a middle ground. “The Compromise of 1850 was an attempt to try and find a middle ground on many of the issues that were affecting the United States” (Compromise of 1850). “The main principle of the compromise was to address the growing issues of slavery and possibly avoid a Civil War in the United States” (Urofsky). Sometimes, however,…

November 1). Arbitration Everywhere, Stacking Deck of Justice. The New York Times. Retrieved October 30, 2016, from http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?oc=00240&hnsd=f&hgn=t&lni=5H8R-MRG1-JBG3-608D&hns=t&perma=true&hv=t&hl=t&csi=237924&secondRedirectIndicator=true. Summary: This article is written by Jessica Silver-Greenberg and Robert Gebeloff, who are both reporters for The New York Times. It is argued that credit card contracts that include arbitration clauses prevent…

always the best answer – or the cheapest. In fact, arbitration is not always less expensive than litigation. Arbitration also comes with a few drawbacks. First, it does NOT eliminate discovery. This is the extensive and costly process through which disputants make documentation regarding the issue available. Second, arbitration comes with no provision to appeal what parties involved may feel is a “bad decision.” Some turn away from arbitration for these reasons and instead turn to mediation.…

This matter involves a class action lawsuit filed against Evanston Northwestern Healthcare Corporation. The lawsuit, which was originally filed in 2007, is brought as a class action on behalf of all persons and entities that paid for inpatient and hospital-based outpatient healthcare services from Evanston Northwestern Healthcare Corporation at Highland Park Hospital, Glenbrook Hospital and Evanston Hospital. (Evanston Northwestern Healthcare Corporation changed its name to NorthShore…

Arbitration and mediation are two methods of resolving issues between two parties whose opinions may differ. In many cases, both of these methods may allow for a dispute to be resolved without the need of litigation as an alternative dispute resolution. In many cases, alternative dispute resolution tactics allow for an amicable resolution to be reached between both parties. However, due to the lack of total authority being held by arbitrators, in some cases individual’s may opt to seek out…

Employment Scenarios, Discipline, and Arbitration Employees often partake in actions and do not think of the future consequences. Job performance does not always make up for the action. After all, most of the times it’s the bad things that get remembered. Discipline is necessary to ensure employees do not conduct this abuse again. If the employer wrongfully uses discipline, the employee and union steward might need to go to arbitration to get the problem resolved. The Case of the Substance…

Mediation Mandatory pre-suit arbitration is a practice whereby an unbiased third person called a Mediator acts to encourage and facilitate the resolution of a dispute between two or more parties (Christiansen, 2010). The information to follow will cover some of the more common questions asked by supervisors when faced with the unknowns of a mediation process. What are the advantages and disadvantages of mediation, does everyone at the company need to attend or can an attorney be sent instead,…

Reasonover is not bound to the clause. The Federal Arbitration Act regulates arbitration of disputes which are subject to arbitration clauses. Even though the FAA has put in place a policy favoring arbitration, it is first necessary to determine whether the parties actually entered into an agreement to arbitrate disputes. Reasonover subscribed to a seven day trial period with Clearwire. The modem was shipped to her via FedEx, however when the package was attempted to be delivered she was…