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Alternative Dispute Resolution

Jun. 15, 2000

Tardy Party

Practitioner: Alternative Dispute Resolution By Richard Chernick There is a temptation when a party is sued in a case where there is an enforceable right to arbitrate to use the civil action as a vehicle to obtain discovery or to attempt to achieve some benefit from pleading motions before moving to compel arbitration. The reward of such conduct is obtaining information that might not be available in the arbitration and then compelling arbitration (ideally before the other side can do its own discovery).


        Alternative Dispute Resolution
        By Richard Chernick
        
        There is a temptation when a party is sued in a case where there is an enforceable right to arbitrate to use the civil action as a vehicle to obtain discovery or to attempt to achieve some benefit fro...

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