Category: Mediation and arbitration

Nevada Supreme Court Determines That Waiver of the Right to Arbitrate Must be Decided by the Courts

The Nevada Supreme Court recently decided that the waiver of the right to arbitrate a dispute is presumptively within the jurisdiction of the courts, not arbitrators to decide unless the arbitration agreement clearly reserves this question of arbitrability to the arbitrator.  That is if the claimed waiver arises from litigation conduct. The case involves claims… Continue reading Nevada Supreme Court Determines That Waiver of the Right to Arbitrate Must be Decided by the Courts

Categorized as Mediation and arbitration

What is Alternative Dispute Resolution? (Hint: Arbitration and Mediation)

When people are attacked, the natural reaction is to attack back. While competent trial attorneys are well equipped to attack the other side for you, a wise attorney will also step back from his role as an adversary and counsel you regarding your settlement options. In doing so, he is not necessarily telling you he… Continue reading What is Alternative Dispute Resolution? (Hint: Arbitration and Mediation)

Categorized as Mediation and arbitration