The parties can craft an off-the-rack proceeding to suit the needs of the case, explains Jerome Falk of JAMS.
Alternative Dispute Resolution
Israel's experience suggests appellate option being rolled out in U.S. won't make arbitration that much more attractive, writes Eric Sherby.
Understanding the rules and arbitrators' preferences will increase the chances of success, explains Gilda Turitz of Sideman & Bancroft.
To avoid common delays in traditional litigation, parties can rely on referees to resolve some or all of the claims, explain Ann Kough and James L. Warren of JAMS.
Sharpen your arbitration skills by looking beneath the surface for a solution, explains Clint Waasted of UC Hastings.
When parties are far apart in negotiations, jumping to a neutral evaluation can be a disservice to the settlement process, explains Jan Frankel Schau of ADR Services.
Presenting results of a focus group panel to the neutral and opposing side can greatly increase chances of a favorable settlement, says trial consultant Richard Matthews.
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.
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.
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