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Category: Alternative Dispute Resolution

What is Arbitration?

Alternative Dispute Resolution By Binnall Law Group - 2021/04/16 at 07:11pm

Seek Guidance from an Alexandria Business Litigation Attorney If you’re involved in a contract dispute, then it’s possible that your contract includes an arbitration clause that imposes arbitration on you (or that — at the very least — gives you a choice as to whether to go through arbitration). Arbitration is a form of alternative dispute resolution.  Through arbitration, the parties are given an opportunity to present their evidence and their arguments to a neutral arbitrator, who will evaluate the facts and come to a decision. Arbitration is meant to be somewhat less formal than a courtroom hearing/trial.  It is […]

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Understanding Arbitration at a Glance

Alternative Dispute Resolution By Binnall Law Group - 2020/12/01 at 12:37pm

Our Alexandria Business Litigation Attorney Can Help If you are involved in a business dispute — whether the dispute centers around a breach of contract issue or otherwise — then you may be subject to arbitration as opposed to standard litigation processes. Arbitration offers an alternative to litigation that is more informal than litigation (but more structured and formal than mediation), but it is not necessarily advantageous in all situations.  In cases where there is a significant resource differential between both parties or a significant difference in other power dynamics, arbitration could lead to undesirable results. To better understand, let’s […]

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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

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