Resolving Disputes

Resolving Disputes

ADR: Considerations in Drafting the Arbitration Clause

August 10, 2016    

Two of the most oft-cited reasons for seeking alternative dispute resolution (ADR)—specifically arbitration—as an alternative to litigation are the potential savings in time and costs to the parties, including the greater likelihood of final resolution due to the limited bases upon...

Use Courts to Resolve Leasing Disputes, Arbitration for CAM

December 28, 2009    

There is a common misconception among commercial property owners that arbitration is preferable to litigation, and they often allow their standard lease forms to provide that mandatory binding arbitration, rather than a court, will be used to resolve disputes. Arbitration may work well in...

Owners May Choose Arbitration, Avoid Litigation Over Labor Disputes

September 27, 2009    

A recent U.S. Supreme Court ruling in 14 Penn Plaza LLC v. Pyett is good news for owners who, under their tenants' leases, must hire unionized employees to work in their buildings. Many owners fear the consequences of employee claims brought by the union on employees' behalf....

How to Use Mediation to Resolve Lease Disputes

April 30, 2009    

If attorney Jerry Slusky could create the perfect commercial lease, it would always include language about mediation. And in an ideal commercial leasing environment, mediation would be used to resolve nearly all disputes.

“Real estate, in particular, lends itself to mediation,...