By Jean Murray Arbitration clauses in business and consumer contracts have been growing in recent years. Over the past few years, many online companies have instituted mandatory arbitration clauses in user contracts. In some cases, consumers are not aware of the mandatory arbitration clauses, because they are in fine print within a user agreement, or the…
By Dr. Justin Wood Over the last few decades there have been many new forms of alternative dispute resolution (ADR) established and VERY appropriate. Most notably; mediation which has a binding agreement made by the parties in which the mediator, a third party neutral, facilitates and helps walk the disputants through their disagreement to let…
By NOLO.com Mediation is much less formal than going to court, but the conflict resolution process does involve distinct stages designed to lead to a mutually beneficial compromise. Here’s what to expect. In mediation, two or more people come together to try to work out a solution to their problem. A neutral third person, called…
By Harvard Law School PON Staff In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex. Parties may…
By Matthew M. Hoffman Many business owners and construction industry entities prefer, as a matter of course, that construction disputes be submitted to binding arbitration. Others maintain that, because arbitration lacks facets of the procedural and legal structure of court litigation, only traditional litigation will ensure an outcome that is truly premised on the facts…
By Jeffrey Fink Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute: Grief. Grief…
By Emily Doskow Small businesses may benefit tremendously from using mediation — rather than litigation — to resolve conflicts. Small business owners are just as likely as major corporations to run into conflict with neighboring businesses, employees, customers, vendors, or with their own business partners, yet unlike corporations, small business often lack public relations, human…
By Roseann Vanella If you and your spouse have decided that there are irreconcilable differences and it is time to part ways, you need to decide how to best go about dissolving the marriage. These days, couples are increasingly turning to divorce mediation as a way to avoid costly and protracted litigation. It can be…
