Collaborative Law vs Mediation

Collaborative Law vs Mediation

Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children.  The spark between them died years ago.  They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …

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Locus Standi Clarified

Locus Standi

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 …

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Same Sex Custody Cases

Same Sex Custody Cases

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 …

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Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

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 …

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What is a Divorce Settlement Agreement?

Divorce Settlement Agreement

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 …

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Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

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 …

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New York Convention Arbitration

New York Convention Arbitration

The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally.  Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way.  Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …

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What is the Role of the Court of Arbitration for Sport?

Court of Arbitration for Sport

The Court of Arbitration for Sport is also known as the Supreme Court for sport.  Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world.  Most countries around the world have …

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ODR: Online Dispute Resolution Explained

ODR: Online Dispute Resolution

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, …

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Remote Hearings: A New Dawn or a Reawakening?


Remote Hearings - ADR Times

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 …

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