October/2007
October Arbitration News
The National Arbitration Forum Resolves Univision, Webkinz and Hershey's Kisses Domain Name Disputes
 
Dispute Resolution Program Boasts a Legal Process that is Quick, Inexpensive, Neutral and Expert
 
The National Arbitration Forum recently issued decisions on the rights to Univision.tv, Webkinzz.com, Webkniz.com, Weblinz.com and ChocolateKiss.com.
"Domain names have irreplaceable value for trademark holders. Abusive practices like cybersquatting and typosquatting can lead to disputes," said Kristine Dorrain, Internet Legal Counsel. "The National Arbitration Forum domain name dispute resolution program boasts a legal process that is quick, inexpensive, neutral and expert."
 
The following three decisions were made in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) by independent and neutral arbitrators on the National Arbitration Forum's panel.
 
The Benefits of Arbitration

Due to its affordability, accessibility and efficiency, arbitration has become the preferred way for consumers and businesses to resolve legal disputes without going to court. Before the advent of modern arbitration, consumers and businesses were often locked out of our court system because of an inability to find affordable legal representation for smaller value disputes. In contrast, the simplicity and efficiency of arbitration provides all parties with fair and affordable access to civil justice.
 
The benefits of arbitration have made it a vital element of the modern civil justice system. These benefits include the same outcomes as in court, favorability, affordability, fairness, flexibility, speed and efficiency, taxpayer savings, a system that works and legal enforceability.
 
  • Consumer outcomes in arbitration are the same as in court. Every published study and all empirical data indicate consumers prevail at a rate that is greater than or equal to litigation, where similar subject matter is at issue. It is important to note that evaluating arbitration outcomes is only meaningful in comparison with court outcomes of similar cases. In court and in arbitration, a large percentage of consumer respondents in contractual debt cases fail to respond or appear. An important distinction between FORUM arbitration and court is that in cases where one party does not respond to an arbitration claim, the arbitrator must review the evidence presented before issuing the award. Unlike in court, no "default" decisions are issued against the non-participating party.

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$8 Fees Fund Illinois Arbitration Program
 
Civil lawsuits filed in the Illinois county are assessed an additional $8 compared to before December 31, 2006. The collected proceeds help fund the 3rd Judicial Circuit's new mandatory arbitration program, which began operation on July 1. All suits seeking between $10K-$50K in damages will first be sent through arbitration, writes Brian Brueggemann in the Belleville News-Democrat article, "New small damage suit rule:  arbitration first, then court."
 
Based on similar pilot programs, the 3rd Judicial Circuit's arbitration program will not only accelerate the dispute resolution process for all parties, but also reduce the number of jury trials and subsequently the number of citizens needed for jury duty, notes Madison County Circuit Judge Dan Stack. Chief Judge Ann Callis said, "All of the circuit and associate judges who were involved are very excited about starting alternative dispute resolution in Madison County."
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Arbitration Basics
Arbitration is a faster, simpler, and less expensive alternative to litigation. Disputes are brought before a neutral third party (the arbitrator) who, after carefully reviewing all of the relevant information, issues a final decision in favor of one of the parties. Consumers, businesses and government departments-even courts themselves-have successfully used arbitration programs to resolve disputes, and there is widespread satisfaction with the process. Arbitration offers parties a decisive legal outcome to their dispute without the expense and inconvenience of court proceedings and attorney fees.