How might the increasing use of ADR affect the future development of binding precedent?

As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but ... Settled law” appears frequently in judicial opinions—sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more ... May 16, 2018 ... As Conduragis and Britto show, Rhode Island employers have little definitive guidance to assist them in drafting enforceable arbitration ... decisions that would otherwise be binding precedent when those deci- sions are "clearly irreconcilable with the reasoning or theory of inter- vening higher ... In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law ... Nov 26, 2024 ... The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided. ... binding doctrine of precedent within the arbitration mechanism. By understanding the present use of precedent along with its benefits and costs, it becomes ... Feb 29, 2024 ... ... precedent of previous decisions. However, a court does not have to stand by a decision that is not binding precedent. Generally courts will ... Aug 26, 2024 ... Special prosecutor Jack Smith on Monday accused US District Judge Aileen Cannon of overlooking “binding Supreme Court precedent” when she decided to dismiss ... Oct 28, 2018 ... Binding precedents coming only from higher courts are meant to save the judge from the burden of looking into every past decision and deciding ...