As a way to efficiently resolve cases without drawing on judicial resources, courts are starting to provide litigants with the opportunity to engage in alternative dispute resolution. [More]

On October 13, 2010, the Seventh Circuit handed down their ruling in Lumbermans Mutual Casualty Company v. Broadspire Management Service, Inc, LLC. In that case, the court reiterated its position that questions of procedural arbitrability are not for the courts to consider, but rather for arbitrators to assess. While this decision may seem dangerous at first glance, it is actually a well-reasoned approach that promotes arbitration. This article will consider why Lumbermans and other similar cases are rightly decided and promote desirable incentives in potential litigants. [More]