Civilized Divorce through Mediation
On June 4, Oregon enacted SB 558, which creates a foreclosure mediation program for judicial foreclosures....more
When a couple decides to divorce and wishes to do so in an amicable, non-contentious manner, the parties may want to consider mediation. A mediator is a neutral third party, such as an attorney who assists the couple in...more
In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CREDIT CARDS - PRIVACY/DATA SECURITY -...more
Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more
If you decide to agree to an arbitration clause, then you should carefully consider what issues you want to address in the clause. ...more
INTRODUCTION - Where a dispute arises under a contract, the parties must attempt to settle that dispute through the procedure set out in the dispute resolution clause (DRC). Sometimes, one party considers that this...more
Italy boasts some of the finest wine, clothes, art, food and cars in the world. It is an amazing country with attributes that have made it a top-notch tourist destination....more
Royal Pane, owner of A Pane in the Glass, fabricates high performance windows for commercial buildings. The good news? Business is going through the roof....more
The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process...more
As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality alternative dispute resolution (ADR)...more
At the recent ABA Dispute Resolution Section conference in Chicago a panel that included myself, Debbie Masucci, past president of the DR section; India Johnson, CEO of AAA; and Dale Matschullat of Schiff Hardin, discussed...more
Abraham Lincoln may have been the first lawyer to recognize the pitfalls of litigation but certainly not the last. He noted that: “The nominal winner is often a real loser — in fees, expenses and waste of...more
A longstanding client calls to tell you that his marriage is falling apart, and that his wife wants a divorce. Inasmuch as you have represented both the client and his wife on previous occasions, you now feel uncomfortable...more
Should your family law case be litigated or mediated? Who should move out of the house? On what days will the children change homes? How much support will be paid? Should retirement, change of career or re-entry into the...more
The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more
Christopher Hill, LEED AP discusses how being a solo construction attorney helps his contractor and subcontractor clients with the flexibility and responsiveness that a smaller law firm can give....more
If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more
Florida has the highest foreclosure rate in the country, with some sources showing a 3.11% foreclosure rate in 2012 – more than double the national average. At the end of 2009, with nearly 500,000 pending foreclosures and a...more
Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more
Divorce mediation is a process of resolving disputes by engaging a neutral third party who acts as a facilitator, assisting the divorcing spouses in reaching an agreement....more
When we think of a wedding, we typically think about a joyous time - not about lawyers, meetings and arguments. Yet for many people, their wedding does involve these elements because they have chosen to enter a “prenuptial...more
New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more
In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more
Litigating commercial disputes is generally considered a necessary evil by some and a waste of time and money, by others. I have never heard anyone except trial lawyers say that they are truly happy about being in a good...more
Mediation is an excellent method for resolving disputes outside of litigation. As mediation gains in popularity, rules governing its participants are continually being clarified and redefined....more
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