When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …
In the long list of available options for divorce resolution, a couple may wonder what collaborative divorce is. It is usually considered along with a variety of other alternative dispute resolution options for divorce, usually right around mediation and negotiation. At first glance, some people may assume it is just the couple working together to …
As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute. Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world. It is what …
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 …
It’s been said that “not to decide is to decide.” But unless there is only one possible result of inaction, not making a decision surrenders to chaos. Indecision perpetrates the status quo only where a situation is static, which is not often the case. Where conflict is ongoing, it will continue unless parties become exhausted, …
Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online. It primarily focuses on negotiation, mediation, and arbitration, …
By Joe Tirado The global coronavirus pandemic has had an enormous impact on all aspects of our lives. Face-to-face meetings have all but disappeared. We have all had to adapt, and the legal profession has been no exception. This is true of both litigation and arbitration practice, although one important area that has been hit …
A child support mediator can help parents agree on what is often one of the most highly contested issues in a divorce. Every party in a divorce will have an idea of who should be paying child support and how much they should be paying, so it can be difficult to find a common ground …
We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …