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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…
Who Decides?
Who decides the outcome of your dispute when you can’t resolve it yourself? The answer, as any good lawyer will tell you, is “it depends.” It depends on what dispute resolution method the parties choose to use and what kind of a dispute it is. Judge or Jury If you litigate thru trial in State…
How to Keep Your Client When Litigation Isn’t the Answer
Every litigation attorney encounters the circumstance at one time or another: a long-standing client approaches you with a stubborn, both-sides-believe-they’re-right matter for which the many costs of litigation, and probably even getting to mediation, will be unreasonable compared to the limited money at stake. How can you deliver real and economic justice to the client?…
Contract Disagreements, Failures, and Misunderstandings…What Are Your Resolution Options?
You suffer the irate voicemail, the missing payment, faulty product, unmet deadline, or an escalated service issue. One thing is always true: it involves a financial and reputational risk to your business and an interruption of operations. The failure, perceived or real, of one or both parties to meet the terms of an agreement have…
Avoiding Arbitration by Sonya Sigler
It would be great if arbitration were THE alternative answer to litigating in courts with over crowded dockets and ever shrinking budgets, but arbitration hasn’t turned out to be that kind of panacea over the last 40 years. I was stopped at a traffic light behind a vehicle with a license plate that said ARBATR8.…
Contract Management Best Practices: What Are You Willing To Risk?
Whether a business manages hundreds of contracts per year or only a few for key relationships, contracts are a fundamental component of risk management for every company. Contracts define business relationships and transactions. Moreover, how a business mitigates contract and dispute risks profoundly affects its financial health and reputation as a business partner.
How much DOES discovery cost?
Litigation can be expensive and one of the largest expenses of any litigation is finding information. Of those dollars devoted to discovery and investigation costs, producing electronically stored information (ESI) alone can comprise 60-80% of those costs. Drilling down into those costs and taking a closer look at what it costs to produce ESI, according…
Recently Resolved: Where is My Penalty Payment?
The Dispute Our latest Resolve involved a laboratory services contract that specified the payment of about $28,000 in penalties if the customer delayed the start date of the study. As is often the case, both sides believed they were in the right, actually had good reasons for believing it, and felt the other side was…
How California Court Budget Cuts Could Affect Your Business
California is in the third year of cuts, and the state’s courts are taking a $660 million hit: $350 million in the latest budget cuts and another $310 million originally earmarked for court construction that is being diverted to the State’s General Fund. Complex litigation departments which handle business trials will be closed or cut…
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