You’ve likely heard the phrase “there’s always a loophole” when people are discussing a contract, and many times it is true. If a party has a savvy attorney or understands the business of creating and signing contracts, they will often try to include a clause to excuse themselves from performing a term in the contract. …
The word impasse has a particular meaning when it applies to alternative dispute resolution. The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.” While the meaning …
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
By Zachary Ulrich Ever get mad at someone because they did something you didn’t expect? Of course you have, we all have. They’re not something we directly think about every day, but expectations are a key component of what drives many peoples’ behavior – including our own – all the time. When we sit down …
By Doug Noll I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Ten Principles of …
By Kristofer S. Michaud Dispute Resolution Systems Design and Implementation in a Corporate Setting Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first …
By Eric M. Epstein, Esq. I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases. While there’s no way …
By J. Carlton Sims Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive …
By Scott C. Van Soye In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century. He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution …