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Using arbitration for a quicker and more cost effective resolution

How to draft a clear arbitration clause and avoid needing court clarification

Inside counsel face many pressures today, not the least of which is cost containment in litigation. Counsel have met the challenge by using alternative fee arrangements, closely managing outside law firm expenses and bringing other matters in-house. Litigation, however, is inevitable, and costly. While arbitration has received its share of criticism in recent years for failing to meet its promise of a “better, faster, cheaper” substitute for litigation, arbitration still remains, in most cases, a less expensive and faster alternative.

With proper planning, inside counsel can play a crucial role in the design of the arbitration process that starts with a well-drafted arbitration clause, written long before a dispute arises.

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Kim Taylor

Kimberly Taylor, Esq. is the Chief Operating Officer at JAMS, the largest private provider of mediation and arbitration services worldwide.  She oversees JAMS operations in the United...

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Robert Davidson

Robert B. Davidson, Esq. is a full-time arbitrator and mediator, and the Executive Director of JAMS Arbitration Practice. He has sat in nearly 200 domestic and...

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