All Contract Arbitration Provisions Are Not Created Equal: Seven Pitfalls in Agreeing to Arbitration

Written By: Henry C. Krasnow

Someone very smart once observed, "There are no perfect solutions; each solution creates new problems."

Litigation is slow, frustrating and expensive. And, when anything is slow, frustrating and expensive, people invariably attempt to come up with alternatives. That is the American Way.

Arbitration is the best known alternative to having a dispute resolved by litigation. In arbitration, the people involved in a dispute do not use the courts (the government-supplied dispute resolution system with published rules and judges paid by the taxpayers), but rather use a private system where the judges are called arbitrators and there are few rules. The hope is that this private system will be quicker and cheaper (the lack of rules is hoped to make it simpler) and somehow fairer.

Anyone comparing the merits of these two systems should keep in mind that all dispute resolution systems can be evaluated on a continuum.

Recouping Unpaid Assessments - A New Approach

Written By: Isaiah A. Fishman

The recent recession has caused many condominium and homeowner associations to struggle with unit owners who refuse to pay their assessments. After all, from the point of view of a unit owner facing a foreclosure or going through bankruptcy, paying the condominium or homeowner association assessments is low on their list of priorities, especially since they do not expect to be a long term resident.