Posted on Apr 01, 2021
Posted on Mar 22, 2021
Counsel should make sure the arbitrator candidates have sufficient information about the parties, affiliates, party-representatives, known witnesses, entities that are controlling the claim and the arbitration, but who are not “parties,” the subject matter of the arbitration, and any other information relevant to the arbitrators’ consideration on whether to accept an appointment as an arbitrator or umpire.
Posted on Mar 15, 2021
In our view, providing parties with the ability to seamlessly transition out of and back into the traditional state court system would provide for a robust guarantee of appellate review that stands in stark contrast to the narrow grounds for appellate review of an arbitration award. We also believe that embracing private judging as an alternative method to resolve disputes at the trial court level would allow parties to make informed decisions about which private judge would be best suited to evaluate a given dispute.
Posted on Feb 19, 2021
In court-annexed mediation, the parties are directed by the court or by court rule to mediation whether they like it or not. Compulsory mediation is not the best way to put the parties in a position to settle, but in many court systems, it is the reality. But guess what? We mediators settle a good percentage of these cases in spite of the compulsory nature of the proceeding.
Posted on Feb 15, 2021
The starting point of any dispute resolution process must always be understanding the bases for the controversy, that is, what brings the parties before us. What are the perceived liabilities and responsibilities of each of the parties and what are the possible arguments supporting or detracting from each party’s approach to the dispute?
Posted on Feb 08, 2021
Posted on Jan 13, 2021
CCBJ INTERVIEW WITH HON. DAVID B. SAXE (Ret.) | WITH COURT CASES BACKLOGGED AND POTENTIAL DELAYS INEVITABLE POST-COVID, ADR STANDS READY
Posted on Dec 07, 2020
Posted on Nov 23, 2020
The possibility of an eventual arbitration may very well motivate the parties to successfully reach a settlement at the mediation stage. The central advantages of Med-Arb are the certainty of a defined outcome, greater efficiency in terms of time and money, and greater flexibility concerning process and timeline.
Posted on Nov 11, 2020