Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena After receiving a subpoena, the first thing many people wonder is what some valid reasons they could use to get out of a subpoena are.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly …

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Types of Mediation: Evaluative, Facilitative, and Transformative

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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A Checklist for Mediation Opening Statements

Opening statements in mediation set the tone for the rest of the mediation process. They open the mediation and begin the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold so much power …

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Overcoming Reluctance With Trauma Victims

Traumatic experiences become a part of an individual forever.  At a domestic level, clients may have traumatic experiences like rape, domestic violence, child abuse, and elder abuse.  At an international level, clients are often the victim of human rights abuses ranging from genocide to war crimes.  These individual have stories that may remain untold forever; …

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Alternative Fee Arrangements in Corporate ADR

“Our General Counsel] is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which of the quotes above reflects …

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How to Fire an Employee without Getting Sued

I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases.  While there’s no way to guarantee a lawsuit won’t …

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Merger & Acquisitions and Mediation

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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Responding to Hostile Emails

Hostile mail – especially email – has become much more common over the past decade. Most of this mail is just “venting,” and has little real significance. However, when people are involved in a formal conflict (a divorce, a workplace grievance, a homeowners’ association complaint, etc.) there may be more frequent and intensely hostile mail. …

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Med-Arb for Your Business Dispute

In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution such as “med-arb,” a process …

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