Contract Disputes, Mediators

When Mediations Fail, It’s Not Always About the Facts

JAMS on 5/6/2025

Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more

The Mediator as a Bridge

Miles Mediation & Arbitration on 3/6/2025

Years ago, the court appointed a wise and productive mediator who had been a country lawyer, a prosecutor, and a judge to a case of mine. I was an attorney, and my client was a seasoned and successful old farmer, who had sold...more

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on 2/21/2025

Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

Goldilocks and the Spicy Sweet Chili Doritos – The Paradox of Too Many Choices

Miles Mediation & Arbitration on 6/30/2021

Freedom of Choice. It’s the cornerstone of liberty, an “inalienable right”, and the title of a catchy tune by ‘80s pop band Devo. But is there such a thing as too many choices? And, if so, how does that impact negotiation and...more

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

JAMS on 5/28/2021

Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on 7/8/2020

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more