Celesq® Programs

Arbitration or Trial? The Great Debate

This program examines the scope, jurisdiction, and exceptions to the Federal Arbitration Act (FAA), with a focus on its significant impact on the resolution of civil disputes. Participants will explore the broad interpretation of the FAA by federal courts, the enforceability of arbitration agreements, and the circumstances under which disputes may be resolved through arbitration rather than traditional litigation. The course will address the legal framework governing arbitration, including the respective roles of courts and arbitrators in determining arbitrability, as well as statutory and judicial limitations on the enforcement of arbitration agreements. 

Through an analysis of relevant statutory provisions, judicial decisions, and practical considerations, attendees will gain a better understanding of how the FAA has reshaped the American litigation landscape. The program will also examine comparisons between arbitration practices in the United States and dispute resolution procedures in Europe. Attorneys will learn to evaluate the strategic advantages and disadvantages of arbitration versus trial, identify potential challenges to arbitration agreements, and make informed recommendations regarding the most appropriate forum for resolving client disputes. 

Learning Objectives: 

Upon completion of this program, participants will be able to:

• Identify the scope, jurisdictional requirements, and statutory exceptions of the Federal Arbitration Act.
• Analyze how federal courts interpret and enforce arbitration agreements and determine whether disputes are subject to arbitration.
• Recognize circumstances in which arbitration agreements may be challenged or deemed unenforceable.
• Evaluate the legal and practical advantages and disadvantages of arbitration compared with traditional courtroom litigation.
• Examine the impact of the FAA on civil litigation and compare key aspects of American arbitration practices with European dispute resolution procedures.
• Apply relevant legal principles when advising clients on arbitration provisions, forum selection, and dispute resolution strategies.

Available in States

• California
• Colorado
• Florida
• Georgia
• New Jersey
• New York
• Texas Self Study

Program Categories

• Arbitration & Alternative Dispute Resolution
• Federal Courts
• Florida Eligible
• Law Practice Management
• Trial Skills

PROGRAM CREDITS

• Areas of Professional Practice : 1 Credit