Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. Binding mediation, often called mediation-arbitration or med-arb, is a process where the parties to a dispute agree to submit the dispute to mediation, but if an agreement cannot be reached, the mediator will then become an arbitrator and issue …
By Dina Haddad After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without …
While every couple will decide that divorce is the best option at different times, there are a few signs that you are ready for divorce. The decision to get a divorce is not an easy one to make but understanding why the decision is made and that it would be the best option for the …
When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators will …
When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …
Requiring parties to participate in mediation before a lawsuit is becoming more common, but it has many parties questioning if mediation is mandatory and what the implication of making it mandatory is doing to the mediation process. Mediation was created as an alternative process to litigation to help the parties attempt to resolve their disputes …
Your appeal was successful. Now what? You have been fighting with your former business partner for more than five years now. It has taken a great deal of time, money, and energy. You were shocked when the trial court ruled against you. It was a difficult decision to commit further resources to an appeal. Fortunately, …
When a party is looking to begin the process of arbitration, they will usually create and send a demand for arbitration. A demand for arbitration is what will start the arbitration process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will …
When couples are getting divorced, they may wonder what a settlement agreement is for a divorce. If their only exposure to divorce is the long court battles that include lawyers yelling at each other and parties that refuse to speak after, they may not know that there is another way to achieve the goal of …