Throughout life, it’s almost impossible to avoid disputes. These disputes can come in the form of a small issue that gets resolved quickly. On the other hand, other types of disputes aren’t so easy to solve. In the past, two parties would fight for years, if not decades, in courtrooms trying to settle disagreements. While …
Most people who go after a divorce falsely presume that once they file the divorce papers, they can quickly go on with their lives and get away from conflict and turmoil. In reality, if two individuals go into a divorce without acceptance of the divorce situation, this can spell out trouble for all parties involved. Without proper acceptance of the situation of the divorce, both parties will be unable and unwilling to let go of their finances or the past. For this reason, couples seeking a divorce should first ask themselves a few important questions to ensure that the divorce process goes along as smoothly as possible.
Justice Delayed is Justice Denied: How the rise of ADR in the UK and Ireland is aiding pressure from court closures and backlogs. In the face of the Covid-19 Pandemic, it has been encouraging to see ADR professionals across the UK and Ireland trying to work out ways to deliver their services, at a time when courts have been brought to an almost stand still.
Successful negotiations require sound strategies. Today we present 12 recommended steps for developing productive mediation strategy to resolve any seemingly intractable conflict between parties.
Centralized deployment of an interconnected CMS grants direct access to practical ADR knowledge, for all – including resources for 80% of non-litigated disputes and their disputants. Irvine, CA – August 10th, 2020 The highly fragmented field of Alternative Dispute Resolution (ADR) encompasses a wide range of dispute resolution processes and techniques that act as a …
The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.
Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”.
everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….
The Supreme Court of Mississippi issued a new opinion that sheds light on a topic that doesn’t come up often: when can an arbitration award be modified due to miscalculation? D.W. Caldwell, Inc. v. W.G. Yates & Sons Construction Co., 2018 WL 2146355 (Miss. May 10, 2018).
SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an arbitration agreement….