Winning in California Mandatory Attorney-Client Fee Arbitration

According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed.  Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …

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What are the Chances of Winning Arbitration?

What are the odds of winning in arbitration?

What are the chances of winning arbitration? What does it mean to win in arbitration? Let’s dive right in! If you are going to arbitration, you may wonder what your chances of winning are. Before we answer this question, we need to define what winning means. After all, someone wins in a completed arbitration. Sometimes …

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Dealing with Conflict Avoiders

Dealing with Conflict Avoiders

Conflict is an inevitable part of life. It will be present wherever there is social interaction. We compete and conflict over scarce resources, perceived insults, and in the search for dominance. But not everyone deals with conflict in the same way. There are five basic styles of conflict management. They are: Competition — The pursuit of …

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Successful Post-Dissolution Co-Parenting: The Mediator’s Role

Successful Post-Dissolution Co-Parenting - ADR Times

By Scott C. Van Soye People often think of divorce as the end of a relationship between spouses. In some cases, it may be. But the reality is that where there are minor children from the marriage, a relationship—though changed—endures until the youngest child reaches adulthood. Learning to deal with this new reality is a …

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Arbitration Agreement Explained

Drafting the Perfect Arbitration Agreement

What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …

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Request for Mediation Letter

Request for Mediation Letter

The Place of the Request for Mediation Letter Under the IDEA  Millions of American public school students have learning disabilities.   Each of them is guaranteed the right to a free appropriate public education, or FAPE, in the least restrictive environment possible. The right to a FAPE is guaranteed by the Individuals with Disabilities Education …

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The Mediator’s Role in Family Mediation

The Mediator's Role in Family Mediation

Divorce is ranked second on the list of stressful events in one’s life, the first being death of a spouse. This is an emotional time for the parties. However, the only purpose of most settlement meetings is to resolve the outstanding legal issues in the divorce. Emotions and post-divorce dynamics are rarely factored into them.

Five Stages of Mediation – Introduction

An Introduction to The Five Stages of Mediation

What are the 5 stages of mediation? Let’s take a look. Jim and John had been successful design partners for six years. The business had grown from the two of them to twelve engineers. Now Jim wanted to accept an acquisition offer, but John wanted to expand while they could buy new buildings cheaply.  If …

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Benefits of Mediation: Confidential & Convenient

What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time.  Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …

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