By PETER W. BENNER
Several months ago I published here a column titled “Think Different About Business Disputes,” borrowing the “Think Different” tag from innovators Steve Jobs and Apple.
JOHN R. DOWNEY, ANNE DRANGINIS and RICHARD BANBURY
When would it be advisable for an attorney to consider ADR as opposed to litigation? What are the advantages of selecting ADR over litigation? What is the difference between mediation and arbitration? Those are some of the questions answered in this ADR article.
By BEVERLY J. HODGSON
My favorite form of mediation is the single-day, knock-down-drag-out session that ends with an inked agreement and handshakes by weary but relieved participants on the dot of 5 o’clock. Maybe that’s everybody’s preference, but it just doesn’t work for every case, for a variety of reasons.
By JANE BEDDALL
Some attorneys may never give alternative dispute resolution a thought, and they may think that’s fine. Others may have a vague idea of what options are available, but think it has nothing to do with their practice.
By ROBERT L. HOLZBERG
Today’s state and federal courts have a single-minded focus in encouraging litigants to resolve their cases. As a result, the question of whether counsel should consider mediation or other dispute resolution alternatives is no longer a novel one.
By JONATHAN E. SILBERT
There’s no longer any doubt that mediation has proved itself a civilized, satisfying and cost-effective way to resolve personal injury cases. This article will analyze some of the conditions that tend to promote successful mediation with the hope that it will help attorneys maximize their chances of mediating their cases productively.
By JOSHUA R. GOODBAUM
The U.S. Supreme Court’s past term (officially “October Term 2012,” for those in the know) was groundbreaking in many respects. On issues of equality alone, the court mandated federal recognition for same-sex marriages, invalidated a significant enforcement mechanism of the Voting Rights Act, and flirted with outlawing affirmative action in public universities, to name just a few.
By ELAINE GORDON
Mediation is neither a trial nor a pretrial. Like those events, a successful mediation might result in a number but reaching that number depends on a new mix of preparation, strategy and negotiation skills.
By CHRISTOPHER J. MAJOR
Arbitration is a valuable alternative to court litigation, but it is often overused and even more frequently misused. The biggest contributor to its misuse is the failure to consider the ramifications of agreeing to binding arbitration and neglecting to evaluate the types of disputes that you are committing to arbitrate before signing a contract.
By RICHARD HASTINGS
I just returned from a weeklong advanced alternative dispute resolution workshop in Toronto, offered through the University of Windsor Faculty of Law and Stitt Feld Handy Group.
By KAREN JALKUT and JEFFREY T. ZAINO
One of the most critical phases of an arbitration process is selecting an arbitrator. Sometimes the parties come to the process with a mutually agreeable arbitrator. In most cases, however, the initial phases of an arbitration case are contentious and parties do not agree on much, let alone who will serve as the arbitrator.
By HARRY N. MAZADOORIAN
Recently, the alternative dispute resolution movement reached a milestone, as it was the 20th anniversary of the formation of the American Bar Association’s Section on Dispute Resolution. It was an exciting time with all participating in the launch of the section taking great pride that so many obstacles had been overcome and that ADR had apparently received its overdue recognition.
By STEWART EDELSTEIN
The American Arbitration Association, for the first time since 2009, made changes in the commercial arbitration rules, effective for arbitrations initiated after Oct. 1, 2013. This article discusses strategies to take advantage of the revised rules, which you will find at adr.org.
JAY H. SANDAK
As the use of mediation as a resource for resolving civil disputes becomes more prolific, both mediators and attorneys representing clients in mediation, who are relying on a confidential process, need to focus on and better understand the issue of confidentiality. It is not absolute and its applicability is not uniform. The one certainty that exists is that no one set of rules fits every situation, and existing statutory and common-law provisions on the issue of confidentiality should not be taken for granted.