Resolving Publishing Disputes Outside the Courtroom

July 2002
by Robert Williams

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The PMA Dispute Resolution Program that Philip Tamoush covered in the February 2002 Newsletter provides a way to avoid expensive and upsetting litigation. This is also the aim of the American Arbitration Association, which has developed Alternative Dispute Resolution (ADR) clauses that PMA members can use in contracts with their contractors.

ADR techniques, such as arbitration and mediation, are becoming increasingly popular because they take less time and cost less money than litigation. Also, the proceedings are private, confidential, and less adversarial. Often they offer opportunities for innovative solutions and allow parties to maintain working relationships.

Furthermore, ADR allows parties to select neutral arbitrators or mediators with discrete industry expertise, thereby avoiding the necessity of educating a judge or jury. Many of those on our roster are attorneys, business professionals, and former judges.

Arbitration agreements and awards, governed by the Federal Arbitration Act or by state arbitration laws, are legally binding and enforceable in virtually every jurisdiction.

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The best-known ADR technique is “arbitration,” in which a dispute is submitted to one or more impartial persons, usually an industry expert, for a decision. In this process, both parties agree to abide by the ruling prior to the start of the hearing….IBPA Members – Click here to view the full article (login required).

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