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Dispute Resolution Questions

Dispute resolution is the act of settling issues between parties. Alternative Dispute Resolution usually means Arbitration. This is a type of dispute resolution that involves a third party who assists two parties in reaching a settlement or agreement on a dispute, without the use of the court. Mediation is another form of dispute resolution that involves assistance from a third party to help two parties to resolve an issue. Below are some of the more commonly asked dispute resolution questions that have been answered by Experts.

Can a company add an alternative dispute resolution clause in their commercial contracts because in the past they had numerous faulty products and recalls for an automotive dealer?

Generally, as long as the parties involved have an equal balance of bargaining power or have an alternative choice in the market, almost anything can be added to a commercial contract. An Alternative Dispute Resolution is typically called Arbitration. Usually, a judge will require that all arbitration causes go through arbitration instead of the courts.

Another form of Alternative Dispute Resolution (ADR) is Mediation. In order to have Mediation, both parties must agree to the resolution. In Mediation, if both parties cannot agree to the resolution, the mediation will end. Once this happens, you can usually go to court. To deal with overcrowded court dockets, many Small Claims courts now use mediation. Atticus39608.4397000347

I am trying to get a refund from a distributor who sold me faulty inverters. Is there a legally-neutral-technical arbitration for the testing of the equipment in Texas?

The first step is to get the company in agreement with arbitration. Once you get the company convinced to use arbitration, the arbitrator will assist in selecting an expert to examine the equipment and how it performs. The arbitrator usually selects the expert by asking each party to find 2-3 experts. Once the experts have been chosen, the arbitrator will select one expert from each side to examine the equipment.

If you are interested in a list of potential electrical experts that testify as witnesses in arbitration, you can look here: http://www.jurispro.com/category/electrical-s-22/tx/ The arbitrator will make a legal binding decision once he/she receives the expert reports.

What is an alternate dispute resolution

An Alternative Dispute Resolution, also called an ADR, is a legal issue that has been resolved without the aid of the court. This is accomplished by a third party that attempts to assist both parties in reaching an agreement without a court trial. A negotiation between both parties without the involvement of the third party that results in an agreement without the help of the court is still considered an ADR.

If an adhesion contract calls for a dispute resolution by binding arbitration, can the injured party get around the arbitration provision and file a claim in small claims court?

Most adhesion contracts can be enforced. An adhesion contract for recreational or voluntary activities is generally enforced because if the person doesn't agree to the terms in the contract, they can choose to not participate in the activity and walk away. If a consumer files in small claims court on one this type of contract, the defendant could use the arbitration clause to have the case dismissed and force arbitration instead of court. The only way the plaintiff can avoid this is if they can show that the contract is actually an illegal adhesion contract.

Many people choose an Alternative Dispute Resolution (ADR) to avoid costly attorney fees and long drawn out court battles. While most people walk away from ADR satisfied with the outcome, some people end up going to court. Before you find yourself in a situation that requires arbitration, you should ask an Expert to assist you in making a sound choice that best suits your individual situation.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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JD, BBA Over 25 years legal and business experience.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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25 years of experience helping people like you.

Recent Dispute Resolution Questions

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    I am a photographer, and a model I photographed 4 or 5 years ago emailed me a couple of months ago asking if I would be interested in conducting a boudoir photo shoot with her and a friend. She said they were both getting married next year, and they want to give their fiancés some racy photos as wedding gifts. I agreed and said I thought it would be fun. When she asked about buying the photographs, I suggested we wait and see how the photos come out and said I thought should be able to work something out. They rented a hotel room, and I conducted the shoot last Sunday. I did not have the models sign the standard model release agreement as I typically do prior to beginning a photo shoot. After reviewing the photos, I expressed a willingness to share the copyrights of the photos with the models, but said that I would not be willing to agree to grant them exclusive copyrights in a way that would prevent me from presenting the as examples of my work in my photography portfolio. I told them that I am willing to sign a release that would relinquish my right to sell the photographs to a third party without their written permission. But they refused to sign a model release that would stipulate shared copyrights of the photos, and now they are asking me to sign some "cease and desist" contract stipulating that I never use the photos and destroy them. They can't compel me to destroy photos they asked me to take of them, can they? I'm also wondering: am I within my legal right to post these photographs in my online photography portfolio, even if I can't sell them to a third party for profit? They can't sue me unless I profit from the photographs without having a signed model release agreement, right?
  • My live ex boyfriend has been served with a restraining order.

    My live ex boyfriend has been served with a restraining order. That was granted on December 3, 2014. I asked in the hearing when will he come and get his stuff, and my ex expressed that Friday with the presence of an officer. Friday came and he was a no show. I texted him, even though this is a no contact ruling, that he could come by that following Wednesday with the presence of a police officer to come get his stuff. Again no show. How much time do I have to give him to get his stuff before I can start getting rid of it? His stuff is taken up my whole garage and a bedroom. I've given him several opportunities to get his stuff with the presence of a police officer and still a no show. With his stuff here, restraining order or not, I still feel he has a hold over my life and I want it out. How much time am I required to give?
  • I have outstanding debt that I can't afford to pay. I asked

    I have outstanding debt that I can't afford to pay. I asked an attorney before and he advised me that there is no need for bankruptcy because I a on Social Security Disability.
    Now my question is I am looking at getting married and I need to know if this debt will effect that. I don't want them coming after him for my debt. Any help you can give me will be greatly appreciated.
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