Strategies, Challenges, and Answers

Nevada’s Mandatory Court-Annexed Arbitration Program Survives Constitiutional Challenge

In the recent Nevada Supreme Court opinion of Zamora v. Price, 125 Nev. Adv. Op. 32, 213 P.3d 490 (2009), two aspects of Nevada’s Mandatory Court Annexed Arbitration Program survived constitutional challenge. Nevada’s Mandatory Court-Annexed Arbitration Program, as set out in NRS 38.250, has been controversial from the outset.  As regular readers of this blog are aware, the Arbitration Program requires that almost all claims valued at $50,000 or less must be arbitrated prior to going to … [Read more...]

Tired Of Arbitration? Additional Adr Options

n Clark and Washoe counties, where a civil case has a value of $50,000 or less, the parties usually participate in Mandatory Court-Annexed Arbitration. However, under N.R.S. 38.258 and the Nevada Supreme Court Rules Governing Alternative Dispute Resolution, the parties can agree to use other alternative dispute resolution options in lieu of, during or following non-binding arbitration. For example, the parties can opt out of the court-annexed arbitration program and opt … [Read more...]