Alternative Dispute Resolution (ADR) Professional Practice General Business

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Got a Fee Dispute? Know Your Client’s Rights Under the MFAA

When it comes to fee disputes, the best line of defense is always prevention. So it’s key to reach a clear understanding about fees with each prospective client before entering a representation agreement. But what should you...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

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

Let Us Now Praise Opposing Councel

But the Process can go a whole lot smoother and faster if the opposing counsel knows the area well enough to tell and advise the client as to the reality of the situation and reject spurious arguments that just waste...more

10 Key Questions That Law Firms Should Ask Clients

All law firms need to ask clients about their needs and priorities. This is a simple but extremely powerful list of 10 questions that will help law firms better align themselves with clients....more


El inicio de todo proceso arbitral descansa en lo que se conoce como CONVENIO ARBITRAL, que en el derecho comparado recibe también el nombre de clausula arbitral, compromiso arbitral y acuerdo de arbitraje...more

Building A Successful Business Partnership

If you or someone you know is considering entering into a partnership, this article provides some valuable tips for ensuring that your partnership is built on a strong foundation. Nearly 2/3 of all partnerships fail. This...more

Preparation of Narcissistic Witnesses

Three experienced ASTC-member trial consultants provide practical strategies for preparing the narcissistic witness. This article is one of many available free online from The Jury Expert (the publication of the American...more

Using principles of persuasion in the courtroom

An overview of the principles of persuasion and how to use them in the courtroom with reactions from three experienced ASTC-member trial consultants. This article is one of many available free online from The Jury Expert (the...more

Solution-Focused Mediation in Litigation

This article presents strategies and ideas on how to use a solution-focused approach to mediation in a litigation context. Three experienced ASTC-member trial consultants offer their reactions. This article is one of many...more

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