MEDIATION AND ARBITRATION: ALTERNATIVES TO MATRIMONIAL LITIGATION
A commentator on alternative dispute resolution wrote 31 years ago that although matrimonial matters are a specialized area of law, "[p]arties most often wait up to two or three years to litigate a complex divorce involving property division or financial support among other issues." Another analyst wrote, 40 years ago: ...
NUTS AND BOLTS OF A SUCCESSFUL ARBITRATION
I have had the privilege of being a trial attorney for thirty-five (35) years. Without a doubt, during those years, I have tried and arbitrated hundreds of cases having been involved in both. It is clear to me that arbitration is the better method for an expeditious and cost-effective conclusion to a lawsuit. This article wi...
TITLE IX COMPLAINTS – RESOLVING THEM WITH ADR
By: Honorable Elizabeth Bonina June, 2016 There have been many serious allegations concerning gender-based discrimination, particularly sexual assault and other serious matters, on college campuses this year throughout the country. Whether it was the recent incidents involving the allegations of cover-ups of sexual assault charges against members of the Baylor football team, the expelling of […]
OPENING STATEMENTS IN MEDIATION – DON'T PASS UP THE OPPORTUNITY
Richard P. Byrne, Esq. will speak at the annual CPCU (Chartered Property Casualty Underwriters) Atlanta I-Day, 2016 conference entitled Coverage! Whats in Your Policy!? The all-day conference will be held on Friday, August 19, 2016 between 7 a.m. - 4 p.m. at the Ritz-Carlton, Buckhead, 3434 Peachtree Road, NE, Atlanta Georgia.
CHALLENGES OF THE “PARTY” ARBITRATION IN THE COMMERCIAL SETTING
In any commercial case, the goal of the arbitration is a swift and expeditious resolution of the litigation with a savings of time and money. At a minimum, while not always as swift as we would like, one would hope that it will afford a faster and more efficient process than that provided by the court system. Typically, t...
TRAVEL THE ROAD TO A SUCCESSFUL MEDIATION
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
DON'T FEAR THE EXPERT AT MEDIATION
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
MEDIATION AS CATHARSIS – LEGAL AND THERAPEUTIC
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
ADR AND THE INTERNET: “CLICKWRAP” AND THE ARBITRATION AGREEMENT
Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...
ARBITRATION CLAUSES IN CONSUMER MASS MARKETING AGREEMENTS: CLARITY AND CONSENT
Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...