Merger & Acquisitions and Mediation

M&A and Mediations

Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive planning by the stakeholders. …

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The Courtroom vs. The Boxing Ring

The Courtroom vs. The Boxing Ring

Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.

What Matters Most At Impasse

What Matters Most AT Impasse

I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns in a bottom …

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Odds of Winning Summary Judgment

Odds of winning summary judgment

The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …

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Arbitrating Employment Disputes 

Arbitrating Employment Disputes 

Employment arbitration statistics show that arbitration is on the rise as a mechanism to resolve employment disputes.  However, this process has received criticism from employees and those who protect them because it can provide an unfair advantage to employers and may remove the rights of employees to use the courts to resolve their dispute.  The …

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What are Four Types of Out of Court Settlements?

Out of Court Settlements

Out-of-court settlements are becoming a common goal in a variety of disputes.  Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts.  But many people are unaware of the …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

What a mess. Recently, you were driving the middle car during a three-car accident.  Your car was totaled, you had to have leg surgery.  You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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Mediating With Insurance Companies – 10 Ways To Be Successful

It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is there a person present …

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Winning The Race Taking Chances and Assessing The Risks

Winning The Race Taking Chances and Assessing The Risks

I was fortunate enough to attend a Horse Race in Hong Kong. I heard about the race from a friend I met while travelling who just so happened to be a horse jockey in the United States. We were both eager to see what proved to be an exhilarating cultural experience.Apparently, horse racing in Hong …

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