Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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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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Bad Fences Make Bad Neighbors

“They’re just sore losers,” Myrna said. She had called me to ask whether I’d mediate between her and her neighbors, who were complaining about a fence she’d built and various other things. She’d won in arbitration, but the Smiths didn’t like the arbitrator’s decision, so they sued her in state court. The court told them, …

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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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Personal Injury Case Checklist

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Protecting the Client in Mediations

As a civil litigator who has been involved in over 300 mediations, VSCs and MSCs, on three occasions, I was thrown for a loop when my clients suddenly changed their minds on continuing down the litigation path contrary to my recommendation.  The following cases taught me some good lessons. Join now to enjoy full access …

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