In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA. This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them. When this is the case, the parties may …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
When talking about alternative dispute resolution, conciliation is a necessary technique to discuss. The process helps parties come up with solutions and find new ways to consider a solution. It is a creative process between the parties and the conciliator to identify solutions that are outside of the realm of what the parties have considered …
The last things someone running a business would like to think about is the right time to hire a business dispute attorney. For most business owners, the goal is to stay out of business disputes and litigation if possible. Disputes and litigation can be stressful and expensive for the parties involved. However, many disputes may …
Running any business is hard. It is especially hard if you are trying to do it by yourself. After all, a sole proprietor has to do everything, from choosing where and when to open, to provide a profitable product or service, to paying the bills, to bringing in new business. If he or she is …
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
One reason I started this site was because there didn’t seem to be all that many blogs on mediation, so I thought I might be able to contribute to the discussion. Since I started, some have dropped out, and new sites have cropped up. Here is a list of some sites that have mostly been around longer than I have, and that I tend to turn to most often.
Workplaces are often a place of friendly competition, where coworkers work against each other to climb to the top of the profession. Workplaces also have a social factor to them as well because employees look for friends and acquaintances to make the workday more enjoyable. The combination of these elements can often lead to groups …
Many people participate in arbitrations every day. Arbitration covers disputes from business practices to disputes over fees to international investments. Parties may choose arbitration before or after a dispute arises, often by contractual terms. Businesses will opt for arbitration over litigation to save time and money when settling grievances before them. With arbitration becoming a …
I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.