Mediation has always been a process, not just an event. This process includes pre-session submissions to the mediator (and to all parties) and joint and/or individual pre-session calls. Historically, we have focused...more
When you have a complex, multi-disciplinary problem, should you hire one expert in one aspect of the problem and then hope that that person can manage all the other aspects? Probably not. Yet lawyers and their clients are...more
Insurance has a pervasive presence in our court system. An insurance policy is a source of settlement funds for a wide variety of cases, from personal injury to employment to professional liability to pollution to cyber. If...more
10 Tips Toward Client Arbitration Satisfaction -
Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive....more
I. INTRODUCTION -
Arbitration tends to work best when both parties buy into the process from the beginning. Alternatively, the process often works poorly when one party feels that arbitration was imposed on them.
In the...more