Final Offer Arbitration – Law & Legal Terms Explained

When collective bargaining reaches an impasse, the usual next step is a strike.  For some essential public employees, such as firefighters and police officers, there is no right to strike.  In such situations, the next step is usually conventional arbitration.    But conventional arbitration has been criticized because arbitrators supposedly arrive at awards by “splitting …

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Early Neutral Evaluation: Encouraging Settlement and Understanding

Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed.  Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement.   Sometimes, a court will recommend the case to early …

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Arbitration Forums: Resolving Insurance Claims

Arbitration Forums is an organization that provides arbitration and subrogation services to the insurance and claims industry.  In disputes involving insurance companies that have outstanding claims with another insurance company, the dispute would usually be submitted to the courts to decide which insurance company owes the claim.  However, Arbitration Forums provides a forum for these …

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California Settlement Privilege: Excluding Evidence of Discussions

If you need clarification on how California Settlement Privilege really works, this article is going to answer a lot of your questions. Let’s suppose that you have a longtime friend and client named Alice. You have made a lot of money with Alice over the years, and her business is important. One day, she accuses …

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California Arbitration Act – Importance of Arbitration

Any arbitration that takes place in California must comply with the California Arbitration Act. The California Arbitration Act is a piece of legislation that regulates private arbitration in the state of California. This law is intended to create and streamline the process of arbitration in the state. Certain provisions of the law have caused controversy, …

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Drafting an Effective Dispute Resolution Clause

The most recent survey concerning the use of an alternative dispute resolution clause by Fortune 1000 companies found that 98% used mediation, 83 % used arbitration, and 51% used mediation-arbitration within the last three years. More than half of respondents said their motivation for doing so was a contractual requirement. Therefore, one would expect to find …

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Average Settlement Offers During Mediation – Best Tips for 2021

Average settlement offers during mediation are an important consideration when a party is considering using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a lawsuit and achieve the best possible outcome. Having …

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