Alternative Dispute Resolution (ADR) Professional Practice

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Looking Forward: A workman’s view of the construction business and the practice of construction law

A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer.  It was a very thoughtful piece and frankly I think it was one of the best legal blog...more

Third Party Funding: a New Chapter in Hong Kong & Singapore

The legal landscape is changing in South East Asia for third party funding of international arbitration. Third party funding – by which a commercial fund finances a case in exchange for a share of the damages – has...more

Solving the High Cost of Litigation, Valorem Style

Litigation costs too much. Why? Because it is overburdened with process and tolerated but unnecessary excess.  And who benefits from the focus on process and needless discovery and motion practice? Lawyers.  Who designs the...more

Practitioners -- Time to Update Your Client Arbitration Agreements (Pt. III)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

Practioners -- Time to Update Your Client Arbitration Agreements, Part II

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

New Arbitrators, New Code of Ethics for the KCAB

Just recently the Korean Commercial Arbitration Board (KCAB) announced both the appointment of new arbitrators and the adoption of a new Code of Ethics for Arbitrators in 2016. Both changes demonstrate the KCAB’s continued...more

Time to Update Your Client Arbitration Agreements (Pt. 1)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

New Panel of Arbitrators for Intellectual Property Disputes at HKIAC

The Hong Kong International Arbitration Centre (HKIAC) recently announced the launch of their new Panel of Arbitrators for Intellectual Property Disputes. The new panel includes 30 members, with a total of 7 languages and 12...more

Hong Kong International Arbitration Centre – Ranked as Most Improved Institution

Queen Mary University of London has recently released the findings of its sixth annual international arbitration study. Among those findings is the HKIAC’s ranking as the most improved arbitration institution. The top...more

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are...more

Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was...more

Use Your Dating Experience To Improve Your Mediation Success

What does success in mediation have to do with dating? PREPARATION. Remember what it was like when you used to go on first dates? How many were a disaster because you weren’t prepared for the date? ...more

Make the Most of Your Mediation: Seal the Deal

It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more

Post award correction of attorney fees award by arbitrator is reversed

In Cooper v. Lavely Singer Professional Corp., 2014 DJDAR 13272, the California Court of Appeal for the Second Appellate District ruled that a post-hearing substantive “correction” of a “Final Award” of attorney fees awarded...more

Why are Attorneys Afraid of Conflict in Mediation?

The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them....more

The Key “Moral” from Stories Mediators Tell

The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love...more

Prepare for Mediation Success: Six Tips for Writing a Strong Brief

Writing a persuasive brief is one of the most important things an attorney can do to prepare for mediation of a business dispute. A good brief provides the opposing side with information they need to consider. Perhaps even...more

In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly...

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said...more

Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

The Antidote to the Spiteful Litigant

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

ADR: A Silver Lining within the Legal Industry’s “New Normal”

Most pundits of the legal industry agree that the Great Recession of 2008-2009 changed the practice and the business of law forever. A number of widely read reports has identified these seemingly permanent changes as the “new...more

The Easiest Arbitration Agreement To Avoid May Be The One Between Attorney And Client

The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First...more

Can't We All Just Get Along?

The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and,...more

How to Help Jurors Understand Spatial Relationships

Good visual presentations enhance juror attention, cognition and retention in the courtroom. By providing comparisons and reference points familiar to the juror, demonstratives can help communicate difficult concepts and...more

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