Med-Arb for Your Business Dispute

Med-Arb for Your Business Dispute

By Scott C. Van Soye In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution …

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Narrative Mediation Process Explained

Narrative Mediation

Narrative mediation is a style of mediation that focuses on the story of the relationship between the people who are in dispute and looks to heal this relationship as well as resolve the dispute.  It focuses on how each party tells their story and the unique moment where the stories intersected in a way that …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

What a mess. Recently, you were driving the middle car during a three-car accident.  Your car was totaled, you had to have leg surgery.  You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …

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What is a Trial by Declaration?

What is a Trial by Declaration?

Today was not starting well. A few minutes late for an early morning meeting, you drive a little faster than usual through a winding bit of road. Out of nowhere, a police motorcycle appears behind you and signaled to you to over.  Mystified, you comply. “Did you know you were speeding?” asks the officer, her …

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Personal Injury Case Checklist

Personal Injury Case Checklist

What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property.  Have you been involved in an accident? Follow the personal injury checklists below. They will help you …

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Marriage Mediator: Why do You Need One?

Marriage Mediator

When couples are facing issues with their marriage and are starting to consider divorce, a marriage mediator may be an answer to saving the marriage that the couple did not know existed.  While most people associate mediation and marriages with divorce mediation, there is a growing practice with mediators stepping in before the parties are …

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Consumer Arbitration

Consumer Arbitration

For many consumers in the United States, buying a product or service that does not work out could result in a person wondering how consumer arbitration works.  For many years, courts have upheld forcing disputes into arbitration when a consumer contract, which a consumer often signs and accepts simply by purchasing an item, designates that …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

By William A. Ratliff Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more. Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate …

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Employee Conflict Resolution Template

A Template for Workplace Conflict

Resolving conflict with employees can often be a difficult experience, so much so that many managers wish they had an employee conflict resolution template.  Workplace conflict is a common and unavoidable part of adult life, but living with it for years does not have to be.  Workplaces are starting to recognize the adverse effects that …

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Protecting the Client in Mediations

Protecting the Client in Mediation

By Illece Buckley Weber As a civil litigator who has been involved in over 300 mediations, VSCs and MSCs, on three occasions, I was thrown for a loop when my clients suddenly changed their minds on continuing down the litigation path contrary to my recommendation.  The following cases taught me some good lessons. Mediation #1: …

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