Two Years Post 'Concepcion'
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
Two Years Post 'Concepcion'
Emergency Relief in International Arbitrations
Counsel incorporating alternative dispute resolution clauses in agreements should consider modifying the procedure to better suit their purpose, explain Baker & McKenzie attorneys.
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Third-Party Claims Derail Arbitration
Orrick's Siddhartha Venkatesan offers tips to help you keep dispute resolution on track when not everyone is bound by the same contract.
Securing Nonparty Discovery
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.
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Mediation: Stop, Look and Listen
To resolve a dispute, attorneys should stop being advocates and become problem solvers, explains John Herlihy of JAMS.
Resolving Diverse Disputes
Conflicts arising in a variety of circumstances can be settled through mediation, writes mediator Robert M. Smith.
Potpourri of Mediation
Disputes often resolve in surprising, unexpected ways, and the "human" factor should not be underestimated, explains mediator Robert M. Smith.
Learn to Shine Through Mediation
With state court fundng crises, young attorneys have more opportunities to prove themselves through ADR, explains Vicki Satrap of JAMS.
Mediation Across Cultures
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.
HOAs Have to Take It
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.
Appealing Arbitrability
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.
Empowering the Mediator
Parties considering binding mediation should review all pros and cons before forgoing trial or traditional arbitration, advises Philip Diamond.
Bound to Arbitrate
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.
Binding Mediation Is a Trap for the Unwary
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.
Six Commandments for In-House Counsel
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.
Mediation Words of Wisdom
Robert Smith offers advice to lawyers for dueling with complicated situations in alternative dispute resolution.
Tales of Mediation
Practical tips for alternative dispute resolution from around the world, recounted by mediator Robert M. Smith.
Silence, a Mediator's Weapon
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.
Cross-Border Mediation
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.
Building Business in Mediation
John Bates Jr. of JAMS discusses seven tips on using settlement negotiations as an opportunity to build a stronger relationship with your client.
Resolving Arbitrability
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.
It's Time for More ADR in Family 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.
Mediation in Gray and Green
Active participation from all involved often leaves clients happy with the outcome and their counsel, advises Jeff Kichaven.
ADR in Construction Disputes
Parties to a contract need to carefully draft the arbitration provision to ensure a mutually acceptable form of resolution.
Banking on Increased ADR
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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