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Monthly Archives: January 2018

Alternative Dispute Resolution (ADR) – Litigation or Arbitration

Alternative Dispute ResolutionLitigation By Binnall Law Group - 2018/01/09 at 09:25am

One of the most important decisions that a party faces in drafting a new contract is how to settle any disputes that arise under the contract. More and more, parties are deciding to include arbitration provisions in agreements as the chosen method for deciding such disputes. Courts generally give these provisions great weight and will not hesitate to enforce them. There are a number of advantages to choosing arbitration over litigation at the onset of litigation. For instance, arbitration is often less expensive than full-blown litigation and it allows for a certain amount of customization in the dispute resolution process. […]

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ADR, arbitration, contracts, litigation

Tips for Making Your Case Appealable

Appeals By Binnall Law Group - 2018/01/09 at 09:25am

Litigators in the heat of battle are, understandably, focused on winning the trial. There are never any guarantees, however. The ABA has put together 10 great tips for giving your client the best chance, should the case end up in an appeals court. The article is here.

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Civil Appeals in the Supreme Court of Virginia

Appeals By Binnall Law Group - 2018/01/09 at 09:25am

The Supreme Court of Virginia is the court of last resort for most cases brought before Virginia state courts (the exception is that, on federal issues brought in state court, some parties can ask the Supreme Court of the United States to hear their case). For civil litigation cases, the Supreme Court of Virginia‚Äôs jurisdiction to hear an appeal is discretionary; the judges have to determine whether or not they will hear the case. Here is a brief overview of the appeal process in Virginia. After a case is finally decided in the circuit court (the trial court), the unsuccessful […]

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Appeals, Supreme Court of Virginia, Virginia appeals

Alternative Dispute Resolution (ADR) – Why Mediate? I want to win!

Alternative Dispute Resolution By Binnall Law Group - 2018/01/09 at 09:25am

When a dispute has matured into full-blown litigation, often the relationship between the parties has soured and emotions run high. The natural result is for parties to eschew settlement and mediation and go for the all-out win in court. Mediation, however, should not be overlooked as an option, even in the most aggressive litigation strategies. Here are 3 reasons why. Litigating to trial is expensive and risky. Modern trial strategy can involve written discovery, depositions, pre-trial motions, expert witnesses, trial preparation, and (finally) trial. Each of these can be expensive and can reduce net recovery if a judgment is obtained. […]

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ADR, mediation