Arbitration Clauses Must be Complete

Arbitration is essentially hiring a private judge to make a decision in a dispute.  If the arbitration is binding, there are few grounds to appeal that award. Arbitration is a creation of contract.  Generally, all parties must agree to enter arbitration to resolve...

Conflict Quote — Carl Rogers

“In any continuing relationship, any persistent feeling had better be expressed.” — Carl Rogers, American Psychologist (1902 – 1987) Related posts: Conflict Quote by Sir Thomas More Conflict Quote — W. R. Inge Conflict Quote — Alice...

Top 10 Read Posts on the Blog in 2017

Here are the top 10 read blog posts in 2017: What are your chances at trial? How well do plaintiffs and defendants do in state civil courts? Gamesmanship In A Lawsuit And Discovery Can Cost You Do Retired Judges Make Good Mediators? Are Hugs at Work Sexual Harassment?...

Mediation vs. Arbitration

Many people confuse arbitration with mediation.  They are not the same thing and they are not interchangeable.  On this blog, I rarely delve into the world of politics and international relations.  However, I will given a comment made by President Trump on his trip to...

Arbitration Can Save Time and Money

Arbitration is where a private judge (or a panel of private judges) called an arbitrator makes a usually binding decision for the parties.  Micronomics performed a study comparing AAA Arbitration to Litigation in federal court and here is what they found: Arbitrations...

Win a $256M Verdict but Still Lose?

Almost everyone who appears in a commercial mediation I conduct thinks they are going to win their lawsuit — if they are among the 1.5% or so of cases that actually make it to trial.  People understandably get caught up in the emotion of their case.  Humans...