Winning in California Mandatory Attorney-Client Fee Arbitration

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 …

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What Does Litigate Mean?

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 and defended successfully involves high …

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Why do lawyers want to settle out of court?

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 courtroom drama. Certainly, legal education in the United States is focused on turning …

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What are the Chances of Winning Arbitration?

What are the odds of winning in arbitration?

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 …

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Open-Ended Communication

Open-Ended Communication

What is open-end communication? Not surprisingly, our style of communication affects how others interact with and perceive us, as well as what kind of information we can gather. During any conversation, questions are asked, and answers are given to: Clarify. Obtain information. Bring someone into a conversation. Keep a conversation going Experts on leadership, relationships, …

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Dealing with Conflict Avoiders

Dealing with Conflict Avoiders

Conflict is an inevitable part of life. It will be present wherever there is social interaction. We compete and conflict over scarce resources, perceived insults, and in the search for dominance. But not everyone deals with conflict in the same way. There are five basic styles of conflict management. They are: Competition — The pursuit of …

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Successful Post-Dissolution Co-Parenting: The Mediator’s Role

Successful Post-Dissolution Co-Parenting - ADR Times

People often think of divorce as the end of a relationship between spouses. In some cases, it may be. But the reality is that where there are minor children from the marriage, a relationship—though changed—endures until the youngest child reaches adulthood. Learning to deal with this new reality is a large part of a successful …

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Arbitration Agreement Explained

Drafting the Perfect Arbitration Agreement

What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …

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