When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …
Arbitration proceedings are often touted as a fantastic alternative to resolving legal disputes; however, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution mechanisms. It …
Commercial dispute resolution is a highly skilled and nuanced method to resolve disputes within and between businesses. It can be beneficial for companies that want to settle disputes quickly and effectively without going through litigation and dealing with all the associated costs. It also allows companies to continue to retain their relationships with other businesses …
Understanding the aftermath of the mediation process, mediation results, and how long after mediation you can go to court is a vital step in deciding the ADR route. By now, you have likely encountered the mediation process somehow, either by personal experience or its recent rise in alternative dispute resolution circles. Mediation allows the parties …
The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed. Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …
A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …
Facing a “complex vs complicated” situation involves untangling threads of chaos, like predicting weather patterns, whereas solving a ‘complicated’ problem is akin to disassembling and reassembling a complex mechanism with patience and skill. This precision in language matters: each requires a distinct approach to navigate successfully. This article differentiates between ‘complex’ and ‘complicated’ scenarios and …
There are several reasons why do lawyers want to settle out of court. If you pay attention to books and movies, you come away with the distinct impression that a jury trial is the pinnacle of the lawyer’s art and the thing that they train for and look forward to most. Everyone loves a good …
You may be wondering what goes into the settlement process and just how lawyers negotiate settlements. When you are harmed by someone else’s negligence, like in a car accident, you may decide to seek compensation through a personal injury claim. While the litigation process can bring just compensation and help you resolve an insurance claim, …
What is a Special Master? Special Masters have made their way into common discourse with the rise of appointments in cases covered nationally. In fact, the most common known example of a special master comes from the recent trial of Donald J. Trump. Trump’s legal team requested to appoint a special master to review the …