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Publisher: Matthew Bender Elite Products
Assists counsel in determining whether arbitration is in the best interest of the corporation. Offers guidance on arbitration agreements and their enforceability, pre-hearing procedures, conducting the arbitration, Arbitral awards, international arbitrations, and consumer disputes.
Business Law Monographs, Using Arbitration in Commercial Disputes, contrasts the alternative dispute resolution methods of commercial arbitration and mediation, and compares each to judicial resolution of disputes, to assist counsel in deciding which dispute resolution model is in the corporation's best interest.
Should mediation be favored, this Monograph offers practical guidance on drafting mediation clauses in contracts, selecting a mediator, drafting a mediation agreement, and preparing for and participating in the mediation session. In addition, the Monograph reviews the Proposed Uniform Mediation Law as it deals with confidentiality of the mediation process, and enforceability of agreements to mediate as well as mediated settlement agreements.
Should arbitration be favored, the Monograph offers detailed guidance on drafting the arbitration agreement. Then, after explaining the enforceability of arbitration agreements, the Monograph offers practical guidance on how an arbitration should be commenced and conducted, and how the award can be enforced, modified, or vacated. This Monograph also addresses the pros and cons of international arbitration, and contrasts it with domestic arbitration.
With discussions regarding the pros and cons of mediation and arbitration, elements of the ADR process and drafting tips, Business Law Monographs, Using Arbitration in Commercial Disputes, reflects current, relevant law of today's most popular types of alternate dispute resolution.
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