By Jeff Benz, Esq., MBA Surveys and studies demonstrate that the overwhelming costs of commercial arbitrations are not arbitrator fees or fees charged by arbitration providers, but the costs incurred by the parties to present their cases. Generally between 75% and 80% of the total expenses of an arbitration are attributable to the parties’ own …
Sometimes parties to a negotiation are unable to effectively pursue one-on-one bargaining with their counterparts. Negotiations include or are conducted by non-parties. These are referred to as third-party negotiations. Types of third parties in negotiations There are five types of third-party negotiators, with different roles and different processes. * Intravenor – A third party with …
By Cassandra Franklin A Look at the Past Mediation and other forms of alternative dispute resolution (ADR) have existed in other cultures for a very long time, in some serving as the principal means of resolving disputes. However, in the early United States, common law courts were the primary means of resolving disputes. As the …
When considering whether arbitration may be the best option for your claim, it is incredibly important to consider the arbitration pros and cons. While arbitration has many benefits that make choosing arbitration the best option in a variety of cases, there are occasionally disadvantages that may make parties consider other options for dispute resolution. This …
Looking at employment arbitration statistics, it is easy to see a surge of workplaces implementing arbitration to resolve employment disputes within the company. Finding the best option for resolution on a given dispute is an art, and employment disputes are no different. The process of arbitration can be beneficial for companies looking to resolve employment …
Conflict is part of the human experience. The endless competition for scarce resources and the struggle even to gain access to some things (whether they satisfy psychological, spiritual, or physical needs) mean that conflict is never far away. Some people even argue that conflict gives us opportunities for gain and growth, and is therefore a …
The Model Standards of Conduct for Mediators is a set of ethical rules and considerations for mediators. Rather than a strict code of ethics such as those that apply to attorneys, The Model Standards function as guidelines for mediators navigating ethical considerations and dilemmas while conducting mediation. The Model Standards are also a guide for …
Preventive Law is a way of practicing law that prevents risks from becoming legal issues. Because every organization has risks associated with its conduct, many organizations have chosen to hire lawyers to assess these risks and limit their potential for harm in the future. This service can be invaluable to companies as it may save …
High-stakes negotiations are also often high-stress situations for those who stand to profit from the negotiation. A large portion of professionals and employees in the United States are not comfortable in negotiations and lack the confidence to negotiate effectively. This lack of confidence can impact negotiations as the participants may hold back or feel as …
You look down at your new cable TV contract and notice that the last paragraph on the first page says “any disputes between the parties arising out of or relating to this Agreement shall be mediated by JAMS. If the parties are unable to resolve their dispute through mediation, the matter shall be submitted to …