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 moreThe Arbitrability of Intellectual Property Disputes
Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low, since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, imagine if that same …
Read moreOrganizations Need to Get Better at Detecting Conflict
The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. They are strong believers …
“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, …
Our ADR Times Contributing Editor, Zach Ulrich, recently had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye, to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and his “learned wisdom” from experience as a lawyer and …
When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying positions driven by undisclosed influences. These may well otherwise remain hidden …
Read moreSearching for Truth in a World of Lies and Misconceptions
One day I was meeting with a husband and wife for their second or third divorce mediation session. They were high-powered, both in upper management positions. I thought that their family mediation would be like a business meeting. But no!At the beginning of this session, the husband leans over shaking his finger at me about …
I am now an author, holistic mediator, and life-coach, but when I was practicing law, I had more than one case that drove me to the edge. My body is now recovering from the impact of the stress of my legal practice. The law is a profession that is hard on the adrenals. Even in …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me. He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …
