Month: August 2024
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Using Witness Statements in Arbitration
By Andrew Ness Witness Statements Gain Popularity in U.S. Arbitrations Of the many innovations gaining wider acceptance in U.S. arbitrations, use of fact witness statements in lieu of direct examination is leading the pack. For those considering the use of witness statements in an upcoming arbitration, this post outlines the procedures generally adopted, and the…
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Arbitration Awards: Avoiding Unfair Results
By Andy Ness How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s remedy-granting provisions cannot be applied, but basic fairness calls for a remedy.[1] The…
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Mediated Case Management: Not an Oxymoron
By Leslie O’Neal If the parties are unable to settle at mediation, is that the end of the mediator’s role? Not necessarily! Impasse at mediation may not be “all she wrote” for the mediation process. “Mediated case management” allows the parties and the mediator to work together to make litigation or arbitration more efficient and…
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