Scott Van Soye 
The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …
Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights, winning, and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view it as …
There are several reasons why do lawyers want to settle out of court. If you pay attention to books and movies, you come away with the distinct impression that a jury trial is the pinnacle of the lawyer’s art and the thing that they train for and look forward to most. Everyone loves a good …
What does litigate mean? The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated …
The interrogatory is perhaps the most basic of the discovery tools authorized by statute. Disputing parties have complained about the high cost of litigation for decades. The most significant expense during litigation is discovery — the process of obtaining sworn testimony and other evidence from opposing parties in a lawsuit. According to one study, about …
What happens when you compromise during a negotiation? The Latin root of the word “compromise” meant consent to arbitration. The English definition has drifted far from that original meaning. In modern English, it means sacrificing something desired or accepting a disadvantage in order to reach an agreement or gain a benefit. It is an …
Mediation and law practice are not the same thing. The law is an essentially adversarial system that tends to drive people apart and pick a winner. In contrast, mediation is a cooperative process aimed at drawing disputants together…
Many people have gone through, or at least heard of, divorce mediation. In that process, parties try to reach agreement about the division of property, spousal and child support, custody and visitation. Of course it doesn’t solve everything. All of these ideas are fairly familiar.
According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed. Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …
What are the chances of winning arbitration? What does it mean to win in arbitration? Let’s dive right in! If you are going to arbitration, you may wonder what your chances of winning are. Before we answer this question, we need to define what winning means. After all, someone wins in a completed arbitration. Sometimes …