In the wake of the U.S. Supreme Court decision, federal and state courts have adopted divergent approaches to its application, explains Heather Boylan Clark of Orrick.
Alternative Dispute Resolution
Counsel incorporating alternative dispute resolution clauses in agreements should consider modifying the procedure to better suit their purpose, explain Baker & McKenzie attorneys.
Orrick's Siddhartha Venkatesan offers tips to help you keep dispute resolution on track when not everyone is bound by the same contract.
In arbitration, the ability to seek information from nonsignatories to the contract may depend on how it was drafted, explains Lucas Messenger of Peitzman Weg.
To resolve a dispute, attorneys should stop being advocates and become problem solvers, explains John Herlihy of JAMS.
Conflicts arising in a variety of circumstances can be settled through mediation, writes mediator Robert M. Smith.
Disputes often resolve in surprising, unexpected ways, and the "human" factor should not be underestimated, explains mediator Robert M. Smith.
With state court fundng crises, young attorneys have more opportunities to prove themselves through ADR, explains Vicki Satrap of JAMS.
Comparing the American approach to dispute resolution with those of foreign nations sheds light on our own advantages and shortcomings, explains San Francisco mediator Robert M. Smith.
The Supreme Court held arbitration clause in condominium covenants enforceable, even where a bound party had no option to walk away, explains Jon Sylvester of Golden Gate University School of Law.
Recent Supreme Court decisions suggest it disfavors the discretionary-stay approach post-denial of a motion to compel, explain Damon Thayer and Nary Kim of Jenner & Block.
Parties considering binding mediation should review all pros and cons before forgoing trial or traditional arbitration, advises Philip Diamond.
In certain situations, a party not originally a signatory to an arbitration agreement can be compelled to resolve its claims before a neutral, explains Jon Sylvester of Golden Gate University School of Law.
While now sanctioned by the California appellate courts, this approach to dispute resolution is flawed in several ways, explain Damon Thayer and MacKenzie Smith of Jenner & Block.
Disposing of litigation quickly and allowing a company to go on about its business is key to its success, explains San Francisco mediator Robert M. Smith.
Robert Smith offers advice to lawyers for dueling with complicated situations in alternative dispute resolution.
Practical tips for alternative dispute resolution from around the world, recounted by mediator Robert M. Smith.
As demonstrated in these real-life anecdotes, saying nothing at all can sometimes do more for a case than a neutral's intervention, explains Robert M. Smith.
When negotiating with a party in Asia, patience and knowledge of local customs are key to a successful resolution, write Cathy Yanni of JAMS and Kathy Fisher and Rodney Jacob of Calvo Fisher & Jacob.
John Bates Jr. of JAMS discusses seven tips on using settlement negotiations as an opportunity to build a stronger relationship with your client.
The parties can decide who decides, but only if they make it really, really clear, explains Jon Sylvester of Golden Gate University School of Law.
Where courts sometimes fall short, private neutrals may be in a better position to help families resolve their disputes, explains Dina Haddad of Families First Mediation.
Active participation from all involved often leaves clients happy with the outcome and their counsel, advises Jeff Kichaven.
Parties to a contract need to carefully draft the arbitration provision to ensure a mutually acceptable form of resolution.
Court budget cuts and delayed proceedings are causing some lenders and borrowers to seek alternative forums for real estate claims, explains Mia S. Blackler.
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