Understand what using an arbitration clause means in practice.
Arbitration has a long history in the United States and international context for the resolution of commercial disputes. Arbitration has many proponents and many detractors. Many commercial form agreements default to arbitration, but the parties may have a limited understanding of the benefits and potential pitfalls of this method of dispute resolution. This topic will address the fundamental benefits and differences between arbitration and litigation. In addition, the presentation will provide a broad overview of the common pitfalls and risks of using arbitration to resolve your disputes. This presentation will provide a solid foundation for you to understand what using an arbitration clause means in practice.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Arbitration Fundamentals
- Arbitration Historical Context
- Federal Arbitration Act and State Arbitration Codes
- Typical Clauses and Triggering Arbitration
Traditional Arguments: Arbitration vs. Litigation Risk and Expense
- Litigation vs. Arbitration Expense Argument
- The Slow Trial vs. the Speedy Arbitration
- Discovery: Do You Really Need It?
Pitfalls and Risk of Arbitration
- Don't Like the Results Just Appeal, Right?
- The Substantive Law; Rules of Evidence; Three Judges: The Arbitration Hearing
- Enforcement of Arbitration Awards
Recent Trends in Arbitration; Old Assumptions Gone Bad
- Employment Arbitration and the New Transparency
- International Discovery-the 'Tribunal' Issue
- Rules, Rules, and More Rules-the Many Arbitration Systems and Rules
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 11, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CO CLE 1.0
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 1.0 credit hours.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- ID CLE 1.0
- This program has been approved by the Idaho State Bar for 1.0 CLE hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NC CLE 1.0
- This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.0 CLE hours.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NE CLE 1.1
- This activity has been approved for 1.1 hours of CLE credit in the State of Nebraska.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 66 Minutes.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Michael Jay Rune, II
Carlton Fields, P.A.
- Shareholder with Carlton Fields
- More than 25 years of experience representing owner/developers, contractors, sureties, subcontractors, and suppliers in nearly all aspects of the construction industry and large-scale commercial construction projects
- Has handled construction, surety, fidelity, and related insurance matters as well as mortgage fraud recovery through mediation, arbitration, and litigation in state and federal courts and mediates commercial and construction matters in Florida
- Has represented clients in crane, scaffolding, and structural collapse cases
- Known for his hard-hat approach to construction, spending time at construction sites and working with project managers and construction workers to gain firsthand knowledge of the construction industry and what goes on in the field
- Published author and frequent speaker on issues important to the construction and fidelity industries
- Recognized by Lorman Education Services for his above-benchmark customer course ratings and received the 2017 Platinum Distinguished Faculty Badge
- Author of the International Association of Defense Counsel’s Annual Survey of Fidelity and Surety Law (1997–2004), and co-author of Liability and Performance Bond Surety in The Law of Performance Bonds (ABA 1999)
- Board certified in construction law by The Florida Bar and a Supreme Court of Florida Certified Circuit Civil Mediator
- J.D. degree, Samford University Cumberland School of Law; B.A. degree, cum laude, University of Texas at Austin
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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