WHY MEDIATIONS FAIL

December, 2017, By: Richard P. Byrne, Esq.

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand.

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ENDING GENDER AND MINORITY BIAS IN ADR SELECTION THROUGH EDUCATION

November, 2017, By: Stephanie J. Ball, JD

For too long, countless articles, reports, and surveys have been written and discussed addressing the inequality of women and other underrepresented groups of attorneys in Alternative Dispute Resolution (ADR).

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THE CRUCIAL DECISION: MEDIATE OR LITIGATE? A FORMER JUDGE’S PERSPECTIVE

November, 2017, By: Honorable Larry S. Schachner (Ret.)

In most instances, deciding to mediate or litigate is a key moment in the life of a case. There is always great risk if the parties utilize the litigation process and proceed to trial.

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THE FUTURE OF CLASS ACTION WAIVERS IN EMPLOYMENT ARBITRATION AGREEMENTS

November, 2017, By: David S. Feather,Esq.

For the past several years, management-side employment and labor law attorneys have felt relatively confident in advising employers that it was lawful to have class/collective action waivers in arbitration agreements with their employees.

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TAKING CONTROL OF ESI IN ARBITRATION

October, 2017, By: Richard P. Byrne, Esq.

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”.

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