– Including arbitration, mediation, jury-waiver, and/or forum-selection clauses in contracts can help control where and how disputes will be resolved.
– To create a “loser pays” situation, consider including a provision in contracts that grants attorneys’ fees and costs to the party that prevails.
– Hiring local advocates with a strong background in the subject of the dispute can be beneficial for achieving appropriate settlements. – Dispute resolution in the U.S. court system can take several years, with state courts typically moving more slowly than federal courts.
– The U.S. has two parallel court systems: federal and state, with federal courts having limited jurisdiction and state courts having jurisdiction over a wide range of disputes.
– Appeals of trial-court judgments in the U.S. are available and are usually resolved within a year, with enforcement of final judgments in one state generally being enforceable in any other U.S. state. Enforcement outside the U.S. is dependent on international agreements such as The Hague Convention. – Different states in the U.S. have different legal systems and cultural differences.
– Judges and jurors may have biases based on where lawyers are from or their backgrounds.
– Local prejudice can play a role in dispute resolution, so it’s important to consider cultural issues. – Litigation in U.S. courts can be expensive, time-consuming, and require a lot of disclosure of private information.
– To avoid lengthy litigation, businesses can include arbitration provisions in agreements with contractual counterparties and customers.
– Federal law in the U.S. makes properly constructed arbitration agreements enforceable in all matters that involve “interstate commerce”, which encompasses almost all commercial matters.
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