John Watkins

This is a series of articles dealing with the fact that some insurance carriers seem to be acting as if they had sold Monty Python's proverbial "Never Pay Policy." This article discusses what may happen when an insured submits a…more

Part I of this series of articles discussed how some insurance carriers seem to be acting -- at least based on the author's subjective experience -- as if they were selling Monty Python's proverbial "Never Pay Policy." Part I…more

Insurance companies bombard us with clever television commercials suggesting they will not only save you money, but will be there in the event of a claim. However, based on the author's admittedly subjective experience, it…more

In a related article, we explored timing considerations regarding mediation. This article explores a very subjective but important factor: The parties have to be ready to settle. This involves psychological factors as well as…more

There are many factors to consider in determining when to mediate and try to settle a case. One of the most important is when each party has enough information to make an intelligent decision regarding settlement. This article…more

Mediators tend to fall into two broad schools of thought: facilitative and evaluative. For matters that are in litigation, the author explores why he and many litigators prefer an evaluative approach. This does not mean,…more

International companies, with good reason, often do not trust the litigatio process in the U.S. legal system. This article explores why international companies should be open to mediation, and may want to consider incorporating…more

Many lawyers approach advocacy in mediation the same way as in litigation: They seek to "win" the mediation and to never give an inch. This approach is generally counterproductive, because a "win" in mediation is a good…more

Many businesses have been fortunate in avoiding litigation. However, it may happen. If it happens to you, this article covers some of the basic considerations. The main rule: Do not panic, but do not procrastinate!…more

Cloud computing or "software as a service" has become a hot topic, and cloud computing appears to be here to stay. Although cloud computing has many potential benefits, the legal issues remain cloudy. Lawyers should begin…more