Arbitration | Mediation | AAA Arbitration | Advantages and Disadvantages |  Agreement For ADR

Arbitration Clauses

In Pennsylvania, arbitration clauses are valid and  enforceable so long as the overall contract between the parties is enforceable. (The contract must have bargain for exchange and consideration, i.e.,  something of value changing hands).

Right to Appeal

 We have the constitutional right to a jury trial in  certain instances; however, civil rights can be  waived. Hence, the parties can agree to resolve their  claims through binding arbitration, meaning, it cannot  be appealed absent fraud or other untoward conduct  or glaring procedural error.

Other Forms of Resolution

 Of course, it is not necessary that an agreement to  mediate or arbitrate call for a “binding” resolution.  The parties are free to agree to virtually anything in  terms of the procedure to resolve a dispute.  Experienced counsel can propose to the other side  short-cut measures to save the parties time in money  when litigating a case through arbitration or  otherwise.

Unclear Clauses

Often, the language in an arbitration clause will sound  fine until the parties find themselves in a dispute and  are working out the logistics of filing a lawsuit in AAA  arbitration or otherwise and find that the parties’  agreement does not make sense. Experienced counsel  can streamline the process and work with opposing  counsel to cure any defect in the arbitration clause (or  work it out such that case not go to arbitration at  all).

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