Depending on the case and contract that is subject of the dispute, arbitration may be a requirement. Of course, those parties to the contract can ultimately waive that requirement or come up with some variant of their mutual choosing. Conversely, in matters absent an arbitration provision in a contract, the parties can voluntarily agree to go to arbitration.
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By Kayla MatthewsArthur Pearlstein discusses the growth of mediation and negotiation within businesses and sectors of the economy as opposed to resolving disputes through the court system.
By Arthur PearlsteinFirst published in the Virginia Mediation Network online newsletter in Fall, 2007Confidentiality in mediation is based upon a complex combination of constitutional rights including the First Amendment: free speech/the right...
By Susan Oberman