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 …
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 …
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 …
Legal spending by corporations will almost certainly continue to tighten in 2022. The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs. These efforts have taken many forms. The key to many of the cost-cutting measures …
Is online divorce mediation effective? Let’s take a look. This is just not Joe’s week. His wife Janice is out of state with the kids on a trip to visit her parents. He stayed behind to catch up at work. Somehow, that had been the wrong choice. It led to a huge argument before they …
Couples that decide to divorce while one partner is pregnant may be wondering how to deal with divorce while pregnant. Getting divorced under “normal” circumstances is stressful and difficult, but adding the extra stress of pregnancy to the situation may be too much for some people. Additionally, the overwhelming nature of divorce, especially divorce with …
When bringing a lawsuit, the parties may need the term locus standi clarified. The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept. Yet having locus standi is the foundation of bringing …
While the rights of gay and lesbian couples to marry were expanded by the Supreme Court in 2015, there are still many issues when it comes to same-sex custody cases. Cases, where the parents of a child are of the same gender, can have a variety of unique issues that the Courts will have to …
Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …
What are impasse solutions in negotiation? We negotiate our way through life. Every day, we enter into a series of agreements and exchanges to meet our needs. “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so. …