A cornerstone of mediation as an approach towards dispute resolution is the understanding that the process is considered confidential. Why is this important? Essentially, it is the fact that the parties can freely discuss the merits of their case, without the fear that their position will be undermined, that permit the mediation process to help … Read more
It is hard to keep track of the differing opinions coming out of the Federal Court of Appeals and the Supreme Court on the issue of the enforcement of arbitration provisions in different types of contracts as well as the ability to include a class action waiver as part of that arbitration dispute remedy. In … Read more
Mediation is a very effective way to resolve disputes between parties. Certainly, there are many reasons that mediations may work, even in strongly contested matters, because, in some instances, it is the first time that the parties have had a chance to tell someone their “story”. And often times, just sharing their perspective about the … Read more
Employment disputes inside corporations are inevitable. Even with strong human resource oversight, companies cannot avoid the likelihood of claims arising from their employees, whether they are wage related or rise to the level of discrimination or ADA violations. Due to the increased cost of court litigation, many companies have turned to offering in-house alternative dispute … Read more