ARBITRATION - INTERNATIONAL/DOMESTIC

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Arbitration, simply speaking, is an alternative to the traditional court-room type of litigation. Arbitration has become a growing form of alternative dispute resolution. Unfortunately, arbitration has its issues including:

  • Increased cost
  • Lack of evidentiary rules
  • Lack of procedures
  • Lack of subpoena power
  • Risk of bias
  • Lack of appellate remedies
  • And most importantly, waiver of your 7th Amendment right to a jury of your peers 

Jeff Diamant, P.C. has extensive experience in handling arbitration matters including challenging mandatory arbitration provisions as well has handling arbitrations in a wide variety of litigation matters. In fact, Jeff Diamant was recently successful in challenging a mandatory arbitration provision and avoiding costly arbitration in a nursing home context. This successful challenge was appealed, and interestingly, during the pendency of the appeal, CMS (Center for Medicare Services) passed a new rule prohibiting nursing homes who use arbitration provisions from receiving Federal Medicare funds.

No matter what your litigation matter regards, the decision of whether to arbitrate is a complex decision, but either way, our experience is well tailored if your goal is to avoid arbitration, or simply to prevail in the arbitration.