803-254-2200 803-254-2200

For business and legal updates:

Blog Posts Tagged "arbitration"

What South Carolina Businesses Should Know about Arbitration Clauses

Businesses traditionally have inserted arbitration clauses in contracts to attempt to quickly and quietly resolve disputes in a favorable setting. Arbitration clauses are commonly found in employment contracts, home purchase warranty contracts, operating agreements and service contracts. However, they can have downsides, and South Carolina businesses should be aware of the potential pitfalls.

An arbitration clause puts the binding resolution of a dispute in the hands of an arbitrator or arbitration panel as opposed to a court of law. In arbitration, the parties usually give up the right to appeal on substantive grounds to a court. 

continue reading

Don’t Automatically Include Arbitration Clauses in Commercial Contracts

For years, mandatory arbitration clauses have been almost automatically included in many commercial contracts, because they’ve been regarded as cost-effective detours for matters that might otherwise work their way through the courts. Over the last few years, we’ve adopted a more critical view of arbitration, and now regard it as a good strategy for some clients, but not for others.

continue reading

Arbitration:  Should I Stay (in Court) or Should I Go (to Arbitration)?

In South Carolina, 33 out of 46 counties are “mandatory mediation” counties, and circuit court litigants in these counties are required to participate in mediation of their lawsuits prior to trial (with certain limited exceptions).

continue reading