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Tag: Contract Disputes

Mediation? Arbitration?

{4:12 minutes to read} Med-Arb Clauses in contracts specify mediation before arbitration in disputes.When arbitration first became popular, it was seen as an antidote to the time and expense of litigation. Parties could bypass the lengthy court process, narrow the issues, limit discovery, and hire experts to decide disputes. Arbitration also kept disputes private, making it less likely the terms of a settlement or adverse decision would become public.

However, over the past 10 years, arbitration has begun to lose some of its luster for several reasons. Most well-known are the compulsory arbitration clauses found in consumer contracts (e.g., “Click here if you agree with the terms and conditions…”) that are often seen as unfairly favoring parties with greater economic power and limiting the ability to redress legitimate grievances.

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An honors graduate of Harvard University and the Cardozo Law School of Yeshiva University, where he also served on the Law Review, Gary brings more than 30 years of litigation and negotiation experience to his practice as a mediator. He has successfully negotiated and mediated resolutions in family matters, employment cases, commercial disputes, personal injury cases, and major civil rights matters.

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