The web of American environmental laws: Though he is usually remembered for other things, Richard Nixon was in some ways our most environmentally friendly president. Most observers mark the September 1962 publication of marine biologist Rachel Carson’s Silent Spring (warning about the environmental damage done by synthetic pesticides like DDT) as the beginning of the …
By Patricia H. Thompson, FCIArb Arbitration provides a toolbox of dispute resolution options that are quicker, more targeted, and less expensive than litigation. However, formal and informal surveys reveal that one important component of this toolbox is unknown or misunderstood by corporate and outside counsel: the parties’ contractual right to appeal the final award, “on …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court. A lot of people could probably recite the oath from memory as well. Yet many people may not understand the purpose of …
Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …
Benefitting from Business Trusts When considering a trust for a business, an entrepreneur may have questions such as who are the sole beneficiaries and the trustees of a business trust. Trusts come with a whole host of new languages and considerations that need to be made. Placing a business in a trust can be beneficial …
Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator. While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …
A common question in insurance issues concerns what an insurance dispute is and if it fits their situation. Dealing with insurance can often be a pain, and when an insurance claim goes wrong, people may wonder how to recover from the denial or other agreement that does not match what the policyholder hoped for. Insurance …
Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments, or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …
When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration. This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award. Arbitration is often the end of the road because …