Special Report on
Dispute Resolution, Arbitration and Mediation
Dispute Resolution, Arbitration and Mediation - Trends
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In recent years, there has been a large increase in use of arbitration and mediation in U.S. Important not only to outside and corporate counsel of U.S. corporations, but also to counsel for foreign corporations doing business in U.S. and, therefore, subject to U.S. legal system. I. New Trends: II. Most frequently used forms of alternative dispute resolution Arbitration- private trial before one arbitrator or a panel of arbitrators. Mediation- facilitation of settlement negotiations between the parties and their counsel by neutral mediator. III. Arbitration and mediation are increasingly used to avoid court litigation because of:
Imagine that a Jewish father and a Christian mother divorce and the father wants to ensure that their child will be raised in the Jewish tradition. The father may petition for full custody of the child, or he may seek to enjoin the mother from exposing the child to Christianity. In South Florida’s increasingly multicultural community, this scenario is quite common. Florida judges typically take a hands-off approach to religion in child custody cases because they believe a child’s religion is a private family issue, and is not for the courts to decide. Generally, parents must take ... Read More
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