By Jean Murray “You may see in the news that a conflict is being “taken to mediation.” For example, in a 2016 conflict between the National Parks Service and concessionaire Delaware North over naming rights at Yosemite National Park, the parties “have agreed to a mediation session.” So what does that mean? What is Mediation?  Mediation is…

By Divorce Magazine “In few other areas of law do the parties to a lawsuit share an intimate a knowledge of each other as do those in a divorce case. In addition, in few other areas of law will the parties have an ongoing relationship with each other after the lawsuit is completed. In a car…

By Michael Zeytoonian Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable…

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…

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