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The scenario is all too familiar. The deal is done, the contract is signed, and no sooner than the ink is dry, the fighting starts. Disagreements begin innocently enough. A simple misunderstanding starts with little more than a few testy emails. Tensions escalate. Meetings are called, but nothing is resolved. Both sides bring in their litigators. Everything begins to dissolve, except of course, for the costs of litigation.
Nonadministered process can eliminate expensive services and give parties more control. Commercial arbitration in the United States is under attack. Clients and their counsel are turning away from arbitration and complaining that arbitration’s cost and complexity now approach or equal those of litigation, without the benefit and safeguards of appeal rights.
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