Preparing For a Mediation in 10 Steps

Dispute Resolution (ADR) is a system of processes designed to assist parties in resolving their disputes economically and more quickly than the traditional court system. Its value lies in reducing the time, cost and uncertainty in the civil justice system. The key to achieving successful results in ADR is preparation. The following represents the basic steps for an attorney to prepare for a mediation hearing.

Top Alternative Dispute Resolution (ADR) Institutions of 2021

The next series of articles will highlight some of the top alternative dispute resolution (ADR) institutions and programs of 2021.  The goal of this series is to highlight the expansive list of resources available and provide links to help our ADR Times readers needing further resources on a specific subject. This article, the first in …

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Class Action Arbitration: The Legality and Related Waiver Clauses

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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Mediation Opening Statements Illustrated

Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …

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Fact Finding Arbitration

The year 1619 marked the first strike on American soil. It occurred in the Jamestown colony of what is now Virginia, and was then an English colony. Shipyard workers who were denied the vote because they were not of English descent refused to work.  Jamestown Company officials bowed to the pressure and work resumed. Despite …

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Types of Conciliation: Which One Would Work for You?

The types of conciliation can be overwhelming and confusing to sort through to find the best process for a given dispute.  Parties have to evaluate whether arbitration, mediation, conciliation, or facilitation would fit best to resolve a dispute between the parties, and then the parties also have to prepare for the process that they choose.  …

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