Caldwell & Kearns, P.C.
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ADR/Mediation Archives

Class arbitration in oil, gas lease disputes at issue in federal case in PA, P.2

Previously, we began looking at a federal case in Pennsylvania involving the issue of class arbitrability, or the ability to pursue class arbitration of a dispute. The case we’ve been looking at involves an oil and gas lease dispute, and we mentioned that the federal court ruled that the contractual language did not allow for class arbitration, but require bilateral or individual arbitration.

Class arbitration in oil, gas lease disputes at issue in federal case in PA

Arbitration can be a useful tool for resolving disputes in a variety of contexts, but it is important for parties who enter into arbitration agreements to always be thorough and clear in addressing matters that could be disputed down the road. One such issue is the arbitrability of class action cases.

Using alternative dispute resolution to resolve commercial disputes, P.2

Previously, we began looking at the use of mediation to resolve commercial disputes, and some of the benefits this process may present for businesses. These benefits include cost savings, greater control over the process, and privacy. An alternative to the use of mediation is arbitration.

Using alternative dispute resolution to resolve commercial disputes, P.1

Commercial transactions, to be successful, must be properly coordinated with a clear understanding between parties of their mutual obligations and rights. When the other party’s duties aren’t fulfilled, quickly addressing the matter is important in order to avoid the financial, reputational, and existential threats to the business that can result.

What can I expect from my mediator, regardless of training, background and style?

In recent posts, we’ve mentioned a variety of factors that need to be considered when selecting a mediator to handle a dispute. These include not only the training and experience of the mediator, but also his or her background, area of specialty, perspectives, biases and unique approach to mediation. Differences in these factors can certainly make a difference in the success of the mediation process, so a careful decision should be made.

Selecting a neutral mediator: some things to consider, P.3

We’ve been looking in recent posts at some of the factors that should be taken into consideration when selecting a neutral mediator. Last time, we focused on the importance of considering the specific style of mediation a mediation professional prefers to use. As we noted, it probably isn’t possible to clearly categorize every approach to mediation, but two common approaches to the process are evaluative and facilitative mediation.

Selecting a neutral mediator: some things to consider, P.2

Last time, we began considering some factors worth considering when selecting a neutral mediator. As we noted, mediators all have different in terms of their education and training, experience, background, personality, and personal biases they work to overcome. All these factors should be considered when making a selection of a neutral mediator that is going to carry out the role most effectively in any given case.

Selecting a neutral mediator: some things to consider

Selecting a mediator is an important task for those looking to mediate a dispute. Mediators can vary in a number of different respects, including education and training, experience, style, and personality, and each of these things is important to consider in determining the appropriateness of a mediator for handling a dispute.

Resolving intellectual property disputes through arbitration, P.2

In our previous post, we began looking at using arbitration to resolve intellectual property disputes. The desirability of resolving intellectual property disputes through arbitration lies not only in the fact that arbitration can be less expensive and less of a hassle than litigation, but also in the fact that it provides parties privacy to resolve the dispute.

Resolving intellectual property disputes through arbitration, P.1

Mediation and arbitration can be effective avenues for resolving a wide variety of disputes. Each dispute, of course, involves unique considerations, among which are included the positions of each party on the points in dispute, each party’s ability and willingness to enter into negotiation, the area or areas of law involved in the dispute, and the likely outcome of the case if it went to court.

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