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 …

Read more

Class Action Waivers Explained

Class Action Waivers

With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …

Read more

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 …

Read more

What Does Litigate Mean?

What does litigate mean?

The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …

Read more

Implied Contracts Explained

Implied Contracts

Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding.  Implied contracts are actions or behaviors on the part of the parties that demonstrate an agreement between the parties, even if it is not spoken.  These contracts are compared to express …

Read more

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 …

Read more

A Checklist for Mediation Opening Statements

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 …

Read more

The Arbitrability of Intellectual Property Disputes

Arbitration Faces Challenges On Two Fronts

Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes.Among these advantages are: – party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), – certainty of forum (the risks of inconsistent results can be …

Read more

Alternative Fee Arrangements in Corporate ADR

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 …

Read more

error: ADR Times content is protected!