Dispute resolution in business partnerships

One of the most nettlesome challenges business partners face when entering into a new venture is selecting an appropriate dispute resolution mechanism.

The topic is inherently difficult for many entrepreneurs and executives because it requires them to address the possibility of failure at the outset of a relationship they necessarily believe will succeed. As a result, many joint venture associates and business partners simply gloss over the issue, refusing even to address it.

If their clients are willing to listen, many lawyers offer the standard list of dispute resolution mechanisms: arbitration, mediation and buy/sell arrangements, also referred to as Russian roulette or Texas shootout provisions. Continue reading Dispute resolution in business partnerships

What is (and isn`t) ODR – Online Dispute Resolution?

Jason Krause, ABA Journal online, wrote a really interesting article about ODR. These are some of the most interesting ideas about it:

– The American Arbitration AssociationAAA – says ODR is used in only a small percentage of all cases settled, but it has seen recent growth. In 2006, 3,000 of the 160,000 cases the AAA handled were done digitally.

ODR, Online dispute resolution is a broad category: Any mediation, ar­bitration or dispute resolution that takes place outside of court and at least partially online qualifies. It differs from alternative dispute res­olution, which refers to processes outside governmental jurisdiction. ODR can mean anything from e-mailing documents and evidence to using videoconferencing to bring the sides together. And it has been most effective in international or long-distance disputes involving technology issues. Continue reading What is (and isn`t) ODR – Online Dispute Resolution?

AAA arbitration awards will be online

LexisNexis, a leading provider of business and legal information services, and the American Arbitration Association (AAA), the global leader in conflict management and dispute resolution services, today announced a strategic relationship to deliver a new electronic collection of searchable Labor Arbitration Awards exclusively via the LexisNexis® research services. Continue reading AAA arbitration awards will be online