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Dispute Resolution Negotiations Mediators

ArentFox Schiff

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

ArentFox Schiff on

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more

JAMS

Inside the Minds and Hearts of Dispute Resolution Neutrals

JAMS on

At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves. The attorney is an...more

Snell & Wilmer

Is Your Construction Mediator Really a Neutral Who’s Neutral?

Snell & Wilmer on

At Harvard University’s Kennedy School of Government, they teach an Executive Education course called Negotiation Strategies upon an adage, among others, that negotiation is the art of letting the other side have it your way....more

Reveal

Legal Dispute: How to choose the right method of dispute resolution

Reveal on

Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more

JAMS

Logic, Emotions and Values: 40 Years of Negotiation Style and Decision Theory

JAMS on

Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never...more

Davis Wright Tremaine LLP

Dispute Resolution Methods: Uses of Alternative Dispute Resolution

Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more...more

JAMS

Preparing Clients for Productive Mediations

JAMS on

Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things...more

NAM (National Arbitration and Mediation)

The Joint Session - Benefits to Consider

Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more

NAM (National Arbitration and Mediation)

Time Is On Your Side In the Mediation Process

The longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation is successful even when the case does not settle if substantial...more

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