Arbitration Forums: Resolving Insurance Claims

arbitration forums

Arbitration Forums is the nation’s largest arbitration and subrogation services provider that effectively and efficiently serves 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 provide …

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Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process.  However, the procedures are very different.  Each system presents its own benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each …

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What is Commercial Impracticability?

Implied Contracts

Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim.  The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …

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What is the Negotiator’s Dilemma? How to Use It?

Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on?  This dilemma forces many negotiators into positions that they do not want to be in, and …

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Fairness and Neutrality in Mediation

Fairness and Neutrality

Allen Brent smirked across the negotiating table at Sheila. “You know, Ms. Baker, you haven’t got a snowball’s chance of winning. I’m authorized to offer you three months’ salary and a waiver of costs in return for complete dismissal, No more.” “Three months! That’s unfair. Renee got a year! And she didn’t have my medical …

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Disadvantages of Arbitration

Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …

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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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Negative Sum Games: Situations That Destroy Value

While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work.  When both parties leave the table feeling as though they have “lost” and leave the value …

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Lee Jay Berman accepted into Who’s Who in ADR

Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence.  November 14th, 2022 Irvine, California — One of America’s most respected ADR trainers, coaches, and mediators, Lee Jay Berman of American Institute of Mediation and Mediation Offices of Lee Jay Berman, has been accepted into the inaugural …

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Morton’s Resolution Model: The Resolution of Conflict

Conflict is often painted in a bad light.  It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship.  The idea that conflict will have either constructive or destructive results is the …

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