Posted on: Wed, 01/15/2020

By: Jeffrey T. Zaino, Esq., Vice President, AAA Commercial Division
Mansi Karol, Esq., Director of ADR Services, AAA

Whether or not an organization has taken a formal diversity pledge—and many have-- eliminating bias and enhancing diversity make good sense—and good business sense.

Reflecting today’s increasingly global society and work force is a conscientious as well as practical imperative. Companies and law firms can demonstrate their commitment to diversity and inclusion through their dispute resolution process.

At the outset of an arbitration or

Posted on: Wed, 01/15/2020

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect.

Inserting an alternative dispute resolution (ADR) clause in their contracts allows parties to customize the dispute resolution to their individual circumstances. Since arbitration is a creature of contract, parties must be very clear concerning the process they have elected to utilize to resolve potential disputes.

The Four Musts of a

Posted on: Wed, 01/15/2020

By: Lance K. Tanaka, Vice President, AAA Commercial Division and Sports Arbitration Practice

Brand and reputation are everything in professional and scholastic athletics. No sports organizations, individual athletes, or coaches want their dirty laundry aired in a public courtroom, where the media can pick it up and broadcast to the entire world. 

As in other industries, legal disputes inevitably arise in sports. However, since fan support is key to their survival, negative media coverage stemming from a legal dispute is potentially more devastating to leagues, teams,

Posted on: Wed, 01/15/2020

By:Neil Carmichael, M.A., Vice President, Education, Educational Services, AAA

Simply hanging out the proverbial shingle is not sufficient to qualify one as an arbitrator. Arbitrators must possess the qualities, knowledge, and skills to deliver the benefits of arbitration—speed, economy, and justice—and to instill in parties the confidence that they can capably do so.

In other words, a great arbitrator is schooled in both the “science” and the “art” of arbitration.

Great arbitrators are educated to handle the more straightforward parts of the case.