Intellectual property (IP) can add much value to a business. For example, your innovations and ideas are two forms of IP that may provide you with a substantial edge over your competitors. You may have already created legal protections to safeguard your business IP,...
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Arbitration
Why has mandatory arbitration become so popular in real estate?
With the wild ups and downs in the real estate market these days, mandatory arbitration agreements have widely become just “part of the deal” when a contract is signed. One of the key advantages of mandatory arbitration is that it can keep a dispute over a real estate...
Arbitration: Are there rules of conduct for third-party neutrals?
Alternative dispute resolution (ADR) strategies, including arbitration, allow parties to resolve an issue without enduring the time and costs of litigation. However, since arbitrators are not judges, it is hard for some to put their trust in such individuals,...
Using voluntary binding arbitration in a medical malpractice case
Medical malpractice cases can be complex and emotionally charged, often involving patients who have suffered harm and healthcare professionals who face potential legal consequences for substandard approaches to care. In recent years, alternative dispute resolution...
Arbitration has many of the same elements as a civil court case
Some people assume that in arbitration, the parties just sit and discuss their issue and then the arbitrator makes their decision. Others picture it as each side standing up before the arbitrator and telling their side of the story before the arbitrator rules in favor...
Arbitration agreements in nursing home contracts
A recent appellate court case and ruling addressed some issues commonly raised about arbitration agreements in nursing home contracts, so it’s worth looking at what the Illinois court had to say. The personal injury case involved an elderly woman who said that she...
Some things to consider when drafting arbitration clauses
It may be an easy decision to include an arbitration clause in your contracts with employees, customers, vendors and other parties once you’ve considered the pros and cons of arbitration vs. litigation. However, there’s a lot more to it than stating that disputes will...
2 reasons to consider arbitration as a solution to a business conflict
Arbitration has an undeserved negative reputation in the business and employment rooms. Many workers will argue bitterly about contract terms requiring arbitration for any employment law dispute, despite federal courts repeatedly upholding the right to require such...