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What Makes a Neutral a “Good” Neutral?
The number one consideration for choosing a dispute resolution service is making sure your neutral is good, whether they are a mediator, arbitrator, or arbiter; but what makes a neutral good? What does “good” really mean in this context? After interviewing business owners in depth to figure out what matters to them the most about…
Why Lawyers Should Like Neutral-Driven Dispute Resolution
NDR – Neutral-Driven Dispute Resolution – is a less costly and less adversarial way to settle limited-stakes business disputes. It’s driven by neutral judges, peers, or experts, agreed upon in advance by both parties. It’s faster, more affordable, and more collaborative for everyone involved. So, as a lawyer, you may ask, “What’s in it for…
Using a Neutral Driven Approach Instead of Litigation
Far too often, businesses turn to litigation for disputes that simply do not require the amount of time and money that litigation demands. Even more discouraging is that due to rising costs and other inefficiencies, arbitration has become “litigation lite.” Today, there are alternatives that may be better suited for parties, especially for disputes where…
Arbiter Spotlight – Monica Desai
Monica Desai is a practicing attorney in Washington, D.C who recently decided to join Just Resolve as an Arbiter. Her practice focuses on advising clients from the technology and communications sectors on the regulations in their industry. She helps her clients navigate the often complex regulatory rules and policies of the Federal Communications Commission (FCC)…
5 Tips to Avoid Litigation
Unfortunately, no matter how careful you are in running your business, litigation strikes almost every American business today. Companies seem to be sued over the slightest mishap and even some things that seem crazy, like hot coffee spilled in a customer’s lap as they leave the drive-up window. Fortunately, there are a few things that…
Why Are We Called Arbiters?
Is there truly a difference between an arbiter and an arbitrator? It may sound like semantics, but the distinction in calling the decision makers at Just Resolve arbiters, rather than anything else, is an important one. From a strictly definitional standpoint: Arbiter means a person appointed or chosen by the parties to determine any controversy…
Arbiter Spotlight – Anne Jordan
Anne Jordan is a practicing attorney in Chicago who recently joined Just Resolve as an Arbiter. Ms. Jordan has been mediating and arbitrating disputes since the early 1990s. Her practice involves corporate, commercial and technology work, as well as litigation. Her career has included general counsel positions in Silicon Valley at such companies as PeopleSoft…
When Do Lawyers have a Duty to Step Aside?
Recently, Anon Moose, LLC. and NOYB, Inc.* had a $23,000 contract dispute that early negotiations failed to settle. In an effort to bring about an amicable solution for both parties, Anon’s attorney suggested involving a mutually agreeable neutral, for a set fee, to initially mediate the dispute and, if necessary, resolve the conflict via binding…
The 6 Most Common Types of Litigation Nightmares
Over the past few months, we’ve been collecting litigation nightmares through our website, email, and in person at conferences and events. After hearing hundreds of your stories, we found these nightmares can be narrowed down to a few themes: More cost than it was worth Discovery wars and abuse Being “home-towned” Frivolous suit (“I can’t…
Litigation Costs Black Hole?
How do you know if you are caught in a litigation costs black hole? When I first entered the practice of law I worked in-house at Sega, the video game company. We were in a hyper growth phase and with that kind of growth comes litigation, all kinds of litigation, some legitimate, but most of…