The Arbitrability of Intellectual Property Disputes

Arbitration Faces Challenges On Two Fronts

By Greg Wood 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 …

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What Matters Most At Impasse

What Matters Most AT Impasse

By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …

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Overcoming Communication Breakdown By Finding Common Ground

Overcoming Communication Breakdown - ADR Times

By Jim W. Hildreth Communication breakdown often leads to the doorway of anger, resentment, hostility, and the filing of a lawsuit. Often this doorway leads a prospective client to a member of the local bar. They sit down and together they discuss the merits of a potential lawsuit. Today’s top law schools such as UC …

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Mediating With Insurance Companies – 10 Ways To Be Successful

By David C. Peterson It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is …

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Organizations Need to Get Better at Detecting Conflict

Types of Workplace conflict

  By Zachary Ulrich 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, …

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Framing And Reframing

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 …

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Mediation Advocacy

Mediation Advocacy

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 …

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Searching for Truth in a World of Lies and Misconceptions

Searching for Truth

By Howard Stern Using Education to Reach Resolution in Palestinian-Israeli Conflict 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 …

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