Knowledge library
Arbitration, Mediation & Settlement
Arbitration clauses and awards, court-ordered mediation, settlement negotiation and agreements that actually hold.
24 guides on arbitration, mediation & settlement, page 2 of 3Showing 10 to 18
Arbitration, Mediation & Settlement
Enforcing an Arbitration Award in Texas
An award is not self-enforcing. You apply to confirm it in court; the court must confirm unless the loser proves a vacatur ground in time. Then it collects like any judgment.
Arbitration, Mediation & Settlement
How Business Arbitration Works, Step by Step
A demand starts it, the parties pick the arbitrator from a list, a preliminary hearing sets the schedule, documents are exchanged, and a written award follows a private hearing.
Arbitration, Mediation & Settlement
How Settlement Negotiations Work in Business Litigation
Talks run through counsel at predictable points in a case, protected by Rule 408, and nothing binds until a written agreement is signed and filed under Rule 11.
Arbitration, Mediation & Settlement
How to Prepare for Mediation in a Business Dispute
Decide your numbers before the day: what trial would cost and likely yield, what you can collect, and what you need that money cannot buy. Bring authority and a term sheet.
Arbitration, Mediation & Settlement
Is the Arbitration Clause in My Contract Enforceable in Texas?
Usually yes. The FAA and the Texas Arbitration Act make a written agreement to arbitrate enforceable unless an ordinary contract defense applies. Wording and formation decide.
Arbitration, Mediation & Settlement
Multiple Parties, Multiple Contracts: Who Decides Where the Dispute Goes
Start with who signed what. Non-signatories can be bound on a few recognized theories, a delegation clause can hand the question to the arbitrator, and two proceedings may follow.
Arbitration, Mediation & Settlement
Negotiation and Escalation Clauses: When a Contract Requires Them First
Usually yes, they are enforced as written. A contract that makes negotiation or mediation a condition to suit or arbitration can get a premature case paused until the step is done.
Arbitration, Mediation & Settlement
Rule 11 Agreements: Making a Settlement Binding in Texas
In a pending Texas suit an agreement binds only if written, signed and filed, or stated in open court. Rule 11 is how a settlement becomes binding.
Arbitration, Mediation & Settlement
Should I Settle or Go to Trial?
Settle when the certain payment beats the probable judgment after fees, time, collection risk and appeal. Try the case when it does not, or when more than money is at stake.