As parties are preparing for trials or hearings, they may be wondering how to settle a dispute without going to court. A trial can be costly, and the outcome of a trial is never guaranteed, even with some great evidence and a fantastic lawyer. Resolving a dispute outside of court can give the parties control …
In the third installment in our series on ADR resources, we focus on the top ADR blawgs (law blogs) to follow. Blogging has become a way for organizations, law firms, and individual practitioners to share research, ideas, stories, and advice with other people around the world. Many people have turned to blogs to find a …
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 …
The year 1619 marked the first strike on American soil. It occurred in the Jamestown colony of what is now Virginia, and was then an English colony. Shipyard workers who were denied the vote because they were not of English descent refused to work. Jamestown Company officials bowed to the pressure and work resumed. Despite …
The types of conciliation can be overwhelming and confusing to sort through to find the best process for a given dispute. Parties have to evaluate whether arbitration, mediation, conciliation, or facilitation would fit best to resolve a dispute between the parties, and then the parties also have to prepare for the process that they choose. …
So you want to be an arbitrator and learn about arbitrator training? That’s not surprising. The US Department of Labor estimates that between now and 2029, the demand for arbitrators will grow at twice the rate expected for other occupations. And should you reach the top of the field, you can expect to be richly …
A conciliation hearing is typically a hearing that happens in a court called Conciliation Court. Many states have a court that they send claims under a certain value to that removes much of the procedure and time that a regular court proceeding requires to resolve smaller disputes more productively. In some places, this is called …
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 …
Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed. Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement. Sometimes, a court will recommend the case to early …
By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …