Emmett Logan Discusses ADR Methods with the Kansas City Business Journal
Stinson LLP Partner J. Emmett Logan is featured in a Kansas City Business Journal article, "Lawyers: Arbitration, mediation bring speed and efficiency to disputes, but they also come with drawbacks." As the use of alternative dispute resolution (ADR) methods such as arbitration and mediation have grown over the past 10-15 years, challenges to the process have also increased.
"The rules of the American Arbitration Association and other providers of alternative dispute resolution typically don't go into things like the amount of discovery you can take or the number and length of depositions," Logan said. "As a result, there are often disputes once you get to arbitration as to how much discovery can be conducted. So, it's important to look at potential disputes that are likely to arise when you're writing a contract, so you can put specific provisions in there to control how much discovery will be permitted and whether motions are going to be permitted. Those provisions can help you actually achieve the efficiencies that alternative dispute resolution is designed to achieve."
Logan details the benefits of online ADR and how it should be encouraged as an alternative to save on costs. He states that attorneys have become more comfortable and proficient in conducting business online. However, even with the growing popularity of ADR, it comes with challenges. Parties typically can't appeal as an arbitrator's decision is final, absent egregious behavior such as fraud or undisclosed bias by the arbitrator.
Logan is a commercial litigator representing plaintiffs and defendants in securities fraud, corporate governance, director and officer liability, and high-stakes business torts cases. He also handles matters involving the fair market value of a right to use a railroad right-of-way, the allocation of relocation responsibilities between a telecommunications company and a right-of-way provider, and right-of-way condemnations. Logan is a member of the American Arbitration Association's Panel of Arbitrators and a member of the Neutral Roster of Alaris ADR.
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