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Principles of contract law – which vary based on the governing law – can force a non-signatory to participate in arbitration. In addition to these discussed above, assumption and incorporation sometimes are applied. Thus, it is possible to be compelled to arbitrate without having signed an arbitration agreement.

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

A contract of adhesion is a one-sided agreement (in either its terms or the parties' bargaining power) that so offends the normal standards of commerce that it is unconscionable. This attempt rarely succeeds. As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause.

And, time and again, the Michigan Court of Appeals has explained that Michigan policy “strongly endorses arbitration as an inexpensive and expeditious alternative to litigation.”1 Indeed, the Michigan Legislature recently adopted the Uniform Arbitration Act, providing further support for judicial enforcement of ...

Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

And, time and again, the Michigan Court of Appeals has explained that Michigan policy “strongly endorses arbitration as an inexpensive and expeditious alternative to litigation.”1 Indeed, the Michigan Legislature recently adopted the Uniform Arbitration Act, providing further support for judicial enforcement of ...

The parties should consider adding: “The number of arbitrators shall be (one or three)”; • “The place of arbitration shall be city, (province or state), country”; • “The language(s) of the arbitration shall be ___.” The model negotiation-arbitration clause above provides a single negotiation “step”.

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.

Arbitration as Alternative Dispute Resolution (ADR) in Michigan. A form of ADR, arbitration involves both parties presenting their case to a neutral third party (an arbitrator) who considers the issues and gives their decision (called an award).