Publications

NAVIGATING THE MEDIATION EXPERIENCE: NO COMPROMISE – NO RESOLUTION

Posted on Mar 27, 2018

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...

THERE'S A NEW RULE IN TOWN – WHAT WILL YOU DO ABOUT IT?

Posted on Feb 19, 2018

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...

WHY MEDIATIONS FAIL

Posted on Dec 18, 2017

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...

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

Posted on Nov 27, 2017

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...

THE FUTURE OF CLASS ACTION WAIVERS IN EMPLOYMENT ARBITRATION AGREEMENTS

Posted on Nov 06, 2017

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...

TAKING CONTROL OF ESI IN ARBITRATION

Posted on Oct 01, 2017

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...

THE DIGITAL FOOTPRINT AFTER DEATH: WHO WEARS THE SHOES?

Posted on Sep 11, 2017

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...

THE ORAL ARGUMENT: AN ABSOLUTE MUST WHEN APPEALING A CASE

Posted on Aug 21, 2017

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...

EARLY MEDIATION YIELDS SUPERIOR RESULTS IN MANY CASES

Posted on Apr 01, 2017

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...