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An arbitration may be binding or advisory, depending upon the agreement of the parties. If binding, the decision of the arbitrator (s) ends the case, subject only to circumscribed review pursuant to Article 75 of the Civil Practice Law and Rules.
Although ADR is an appealing alternative to litigation today, throughout the early history of the United States, courts expressed much hostility toward the idea of enforcing an agreement through any alternative dispute resolution. Throughout the 1900's, United States courts were reluctant to enforce any agreement to arbitrate an existing or future dispute unless a specific statute explicitly allowed it...
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Common topics in this essay:
- Alternative Dispute Resolution (ADR)
- Alternative Dispute Resolution Methods
- Alternative Dispute Resolution Summary
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- The Oslo Agreements
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