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Alternative Dispute Resolution Law

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Who Decides Whether The Case Is Litigated In Court Or Arbitration?

Many brokerage account agreements contain an arbitration clause requiring that any future disputes be resolved through arbitration rather than litigation. While arbitration is an effective, often advantageous, method of resolving a dispute, signing an agreement may mean that arbitration is the only forum other than mediation available to you. Even without signing an arbitration agreement, you would still have the right to seek arbitration of disputes as an option under most securities industry rules. The two most popular forums are the NYSE and NASD. If an arbitration agreement was not signed the customer might have the option to litigate in the courts or by arbitration. An arbitration panel hears the majority of cases.