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 …
Requiring parties to participate in mediation before a lawsuit is becoming more common, but it has many parties questioning if mediation is mandatory and what the implication of making it mandatory is doing to the mediation process. Mediation was created as an alternative process to litigation to help the parties attempt to resolve their disputes …
When couples are getting divorced, they may wonder what a settlement agreement is for a divorce. If their only exposure to divorce is the long court battles that include lawyers yelling at each other and parties that refuse to speak after, they may not know that there is another way to achieve the goal of …
Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution. Conciliation is a method of dispute resolution that …
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, …
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
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 …
If you are taking part in a mediation in the state of Florida, it is important to know the Florida Mediation Rules. Florida has fully embraced the process of resolving disputes through mediation and has become a place for alternative dispute resolution. Due to the notion that mediation is faster and cheaper than traditional litigation, …