High-Low Arbitration

high-low arbitration

When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …

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Is it illegal to screenshot text messages?

Is it illegal to screenshot text messages?

In the modern world, many people choose to communicate through text messages, which can be an easy way to keep in touch with friends in family.  However, this form of communication may raise questions about whether it is legal to screenshot text messages and when these screenshots can be shared.  There are differing laws between …

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What is a communication coach?

What is a communication coach?

Communication is the key to achieving a lot in the world, so when communication does not come as easy, it can be not easy to move forward in a career or effectively negotiate for something that you want.  This is where the skills and work of a communication coach may come in.  Communication coaches are …

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What is the Purpose of the Bilateral Investment Treaty?

It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties.  Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …

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Mediation Opening Statements

An Illustration of the Model Mediation Opening

Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …

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Top 10 Best Arbitration Books Every Arbitrator Should Read

Best Arbitration Books

Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration. 

Mediation With High-Conflict Couples

Mediation With High-Conflict Couples

Divorce litigation can be a complicated matter both in legal and personal terms. Regardless of intentions, the separation process is rarely straightforward. This is even truer in cases where custody is contested. Let’s discuss the many moving parts that make divorce litigation uniquely complex while also highlighting the potential for mediation and negotiation. At ADR …

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