Arbitration, a form of
alternative dispute resolution (ADR), is a
legal technique for the resolution of
disputes outside the
courts, wherein the parties to a dispute refer it to one or more
persons (the "arbitrators", "arbiters" or "arbitral
tribunal"), by whose decision (the "award")
they agree to be bound. It is a settlement technique in which a third
party reviews the case and imposes a decision that is legally binding
for both sides.
Other forms of ADR include
(a form of settlement negotiation facilitated by a neutral third party)
and non-binding resolution by experts. Arbitration is often used for the
commercial disputes, particularly in the context of
international commercial transactions. The use of arbitration is
also frequently employed in consumer and employment matters, but there
arbitration is not voluntary but is instead imposed on consumers or
employees through legislation or adhesion contracts, denying individuals
their right to access the courts.
Arbitration can be either voluntary or mandatory
(although mandatory arbitration can only come from a statute or from a
contract that is voluntarily entered into, where the parties
agree to hold all disputes to arbitration, without knowing,
specifically, what disputes will ever occur) and can be either binding
non-binding. Non-binding arbitration is, on the surface, similar to
mediation. However, the principal distinction is that whereas a mediator
will try to help the parties find a middle ground on which to
compromise, the (non-binding) arbitrator remains totally removed from
the settlement process and will only give a determination of liability
and, if appropriate, an indication of the quantum of damages payable.
For more information,
Courses can be canceled by Manousso Mediation, if a minimum number of
attendees are not met. Registration money will be refunded or
applied to a future class. If there are not an adequate number of students to hold the
class, Manousso Mediation may use their discretion in rescheduling the course. Manousso
Mediation is not liable for any loss or damage due to a course not being
held as scheduled. If a student cancels 30 days before the scheduled
class, they will be refunded 50% of the paid registration fee. If
a student cancels within thirty days
scheduled class, there will be no refund of their registration fee.
In all cases though,
the paid registration can be applied to a future course.
training in Houston will be
November 12th in Houston at the 1960 Mediation Center.
This training is approved by the Texas Comptroller's office for Real
Estate Appraiser's arbitrator CEU.
Sign up today for early bird specials under the Use PayPal tab.
This nine hour training will be held from 9:00 AM until 6:30 PM.
Coffee, tea, water, and snacks are included in the registration.
Expand your ADR horizons!
This program has been approved for CEUs by the Better Business Bureau
There is a new Labor Employment Relations
Association (LERA) in the Dallas area! For more
Dr. Esque Walker.
Meet some of the arbitration class
Trainers vary for different classes.
Barbara Manousso, Ph.D.,
MPH, NCG, TCG, a Texas Distinguished Credentialed Mediator, has
been arbitrating since 1993. She has served on the
arbitration panel for the Ford Motor Company, Better Business
Bureau Autoline Arbitration, and conducts hearings for eminent
domain. She also arbitrates as a consumer arbitrator for
the Houston BBB.
Constance K. Acosta,
Connie’s practice area covers a wide range of disciplines,
including 16 years experience commercial litigation and 18 years
of experience in employment litigation, arbitration, grievances,
and municipal law. Connie has 7 years experience in
administration, management and social welfare. Connie has
experience as a negotiator with municipalities, police
departments, fire departments and emergency medical services.
Connie obtained certifications in Mediation: Basic, Advanced
Family Law and Advanced Elder Care,
Arbitration – Hearing Examiner, Collaborative Law
Attorney, and Guardian Ad Litem. Connie is a Member of the
Governmental Section of the Firm, which acts as City Attorney
and outside litigation counsel for various municipalities.
Connie is also a Facilitator in Alternative Dispute Resolution
and Conflict Resolution, and Trainer in all aspect of employment
Xeres "Zak" Patel,
J.D. Zak, a
partner in Patel and Hammand, is board certified in Real Estate.
He practices mediation and arbitration. He is a well known
lecturer in ethics for Manousso Mediation's Training programs
and a founding member of
PLLC. Prior to forming the firm, he was a senior associate for
seven years at a firm specializing in real estate and civil
matters whereby he worked on those subject specific legal
matters including litigation involving the sale of six hotels,
in multiple states, which were valued in excess of $45 million
dollars. He also worked as in house counsel for American Tower,
Inc. where he was the lead attorney responsible for the highest
producing region in the Southwest. Zak’s primary areas of
practice include general civil matters and real estate being
corporate formation; drafting, reviewing, explaining contracts;
litigation; collections; buying, selling, leasing property (both
residential and commercial); landlord/tenant matters; homeowner
association matters; liens; deeds; foreclosure and loan
workouts; and, construction/home repair matters. He is also a
credentialed mediator and arbitrator.
Professor Mark R. Sherman,
been an Associate Professor of Management at the University of
Houston – Clear Lake for over two decades. His academic
credentials include a Ph.D. in Management from the University of
New South Wales (Australia), an L.L.M. from the London School of
Economics, an LL.B. from Warwick University (England), and a BA
from Duke University. For the last 12 years, Dr. Sherman
has also served as a Visiting Associate Professor of Management
at Bond University on the Gold Coast of Australia. In his
career as a Labor Arbitrator and Mediator he has heard hundreds
of disputes in a wide variety of industrial settings pursuant to
his membership on over a dozen dispute resolution panels.
Since his acceptance into the National Academy of Arbitrators a
decade ago he has remained one of that organization’s youngest
members. He has conducted research and published in
numerous fields including labor relations, fair employment
practices, industrial discipline, and dispute resolution.
His focus on dispute resolution in recent years has involved him
in numerous training projects with large public employers as
well as Fortune 50 corporations. He resides in Houston and has a
second office in Tampa.
Lori LaConta, JD, MBA, a
Texas Distinguished Credentialed Mediator, has also been an
arbitrator for many years with focus on employment and labor
arbitration. She serves as the president of the Houston
area Labor Employment Relations Association (LERA), and is the
former president of the Association on Conflict Resolution (ACR)
Houston Chapter. She also serves as an Arbitrator for the
American Arbitration Association and the Federal Mediation and
Conciliation Service in Washington, D.C.
J.D., is a
trial lawyer and mediator who is experienced in business,
product liability, toxic tort, and environmental litigation. He
has led or served on litigation teams for Arthur J. Gallagher &
Co., Tyco Fire & Security companies, DuPont, Pharmacia & Upjohn,
Lockheed Martin, and other national and international companies.
An expert at litigation strategy, Derek reduces costs and
increases efficiencies for business clients through meaningful
early case assessments, electronic knowledge and case management
processes, and well planned persuasion strategies. He serves as
first chair on trials and appeals in state and federal courts.
He is also a trained mediator who is equally skilled at
negotiating alternative dispute resolutions, from mediated
settlements to large, complex arbitrations.
He has achieved the Martindale-Hubbell AV rating, which
indicates the height of professional excellence and the highest
levels of skill and integrity as judged by his peer members of
the bar and members of the judiciary. In addition, he has spoken
and published on a variety of legal issues.