by Dr. Justin Wood, Th.D., CJME Early Neutral Evaluation (ENE) is a form of alternative dispute resolution with in the scope of but less formal than, arbitration where one or both sides in a dispute seek the opinion of neutral third party to evaluate their case. ENE is typically an informal conference held early…
By Lee Jay Berman The biggest mistake most attorneys make is not getting all of the value that the mediator has to offer, and for which their client is paying. Many attorneys won’t let the mediator get a word in edgewise, tie their hands with respect to what they can reveal and discuss in the…
By Dr. Justin Wood, Th.d., CJME This is a blog post of a letter I write FINRA in response to their questions asking advise on the proposed elimination of non-attorney representatives in arbitration. I would like to comment on NAR (non-attorney representative) firms, individuals or others that participate in arbitration. ADR (alternative dispute resolution) was…
By: Dr. Justin Wood, Th.d, CJME Preface Primarily: I am not saying all attorneys who practice mediation are unethical but there are many who clearly violate both mediation and attorney ethics rules. Secondarily: Anyone setting as a mediator must adhere to a guideline of neutrality, ovoid using private and confidential information against a participant, forbid…
by Matthew Rushton “Alternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation. While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended…
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 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…
Unusual topic, isn’t it? How could someone saving your client, who would pay hundreds of dollars in attorney fees, be beneficial to you (an attorney)? Read on to find your answers. Mediation one form of Alternative Dispute Resolution (ADR) to a lawsuit which is facilitated by a neutral third party that will not decide or…
