Dispute Resolution Questions
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 resolutionAn 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.