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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.[1]
Other forms of ADR include
mediation[2]
(a form of settlement negotiation facilitated by a neutral third party)
and non-binding resolution by experts. Arbitration is often used for the
resolution of
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
or
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,
click here.
http://en.wikipedia.org/wiki/Arbitration
Cancelation policy:
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
before the
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. |
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Next training May 3, 2012, in
Houston.
This nine hour training will be held from 8:30 AM until 6 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
Education Foundation.
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Meet some of the arbitration class
trainers!
Trainers vary for different classes.
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Dr.
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, BBB Autoline Arbitration, and conducts hearings
for eminent domain. She also arbitrates as a consumer
arbitrator for the Houston BBB. |
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Constance K. Acosta,
J.D.
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
law.
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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
Patel Hammond
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.
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Professor Mark R. Sherman,
Ph.D., L.L.M.,
L.L.B., has 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. |
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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 on the board of the Labor Employment Relations
Association, and is the president of the Association on Conflict Resolution,
Houston Chapter.
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Derek Lisk,
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.
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