TINA WYSKCommercial Litigation Attorney

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Arbitration, Mediation & Settlement

Arbitration clauses and awards, court-ordered mediation, settlement negotiation and agreements that actually hold.

24 guides on arbitration, mediation & settlement, page 1 of 3Showing 1 to 9

Arbitration, Mediation & Settlement AAA, JAMS or Private: How Arbitrators Are Chosen and Why It Matters Your contract decides the method. If silent, the provider's rules fill in: the AAA sends a list to strike and rank, or each side appoints one and they pick a chair. 7 min readDraft Arbitration, Mediation & Settlement Arbitration vs. Court: What Is the Difference for a Business Dispute? Arbitration is a private decision by an arbitrator the parties chose, with limited discovery and almost no appeal. Court is public, rule-bound and reviewable. 6 min readDraft Arbitration, Mediation & Settlement Are Mediation and Settlement Discussions Confidential? Mostly yes. Texas keeps mediation communications confidential and settlement offers out of trial. The exceptions and the deal itself are the catch. 6 min readDraft Arbitration, Mediation & Settlement Can a Party Back Out of a Mediated Settlement Agreement? Once signed, no. A written settlement reached at mediation is enforceable like any other contract in Texas; withdrawing consent only blocks an agreed judgment. 5 min readDraft Arbitration, Mediation & Settlement Can an Arbitration Award Be Appealed or Vacated? There is no appeal of the merits. A court may vacate an award only for fraud, partiality, misconduct or exceeded powers, and only if asked within three months or 90 days. 5 min readDraft Arbitration, Mediation & Settlement Can I Avoid Arbitration and Go to Court? Only on narrow grounds: the clause does not cover the dispute, the other side waived it by litigating, it was unconscionable, or it was never agreed to. 6 min readDraft Arbitration, Mediation & Settlement Class Action Waivers in Business Contracts Nearly always enforced when paired with an arbitration clause. The FAA requires courts to enforce agreements to arbitrate one on one, and class arbitration needs clear consent. 6 min readDraft Arbitration, Mediation & Settlement Discovery in Arbitration: What You Get and What You Do Not Less, and it is up to the arbitrator. Documents you can usually get. Depositions only if allowed. Third-party records before the hearing are the hard part under federal law. 6 min readDraft Arbitration, Mediation & Settlement Does Arbitration Really Cost Less Than Litigation? Sometimes. Arbitration saves on discovery, motions and appeals but adds costs court does not have: the provider's fee and the arbitrator's hourly compensation. Case size decides. 5 min readDraft
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