January 26, 2016. As a third-party claims administrator charged with helping our clients save expense dollars by managing their litigation spend, we often see defendant parties trying to enforce arbitration clauses in order to resolve disputes in a forum. This is perceived to be quicker, less expensive, and less prone to runaway plaintiffs’ awards. However, perception doesn’t always mirror reality – arbitration clauses must be carefully crafted to fulfill their purposes. The following, “Don’t Let a Funny Thing Happen on Your Way to the Forum: 5 Practical Tips for Arbitration Clauses“ written by Larry Warshaw, Carl Warren Account Executive, points out a few issues to consider.
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