Mediation vs. Arbitration vs. Litigation: What's The Difference?
Leonard P. Reina of
Everyone in our society is familiar with litigation and its ramifications. One party hires an attorney and files a lawsuit requiring the other party to also hire an attorney and defend the lawsuit. Anyone who has ever been involved in litigation knows that it is expensive, time consuming, emotionally draining and unpredictable.
Why the Hawaii State Bar Supports ADR
Alan Van Etten
This article discusses the advantages and potential disadvantages of ADR.
New Law Mandates ADR in Federal Courts
Dykema Gossett PLLC
President Clinton has signed into law HR Bill 3528 which requires all federal district courts to authorize and prom.
Issues for Small and Medium-Sized Businesses to Consider Regarding Litigation
Ciesla & Ciesla, P.C.
Small and medium-sized businesses work differently than larger businesses in many important respects. One significant difference is how businesses of different sizes handle litigation.
Common Sense Tips For Avoiding Litigation
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Without doubt, there are usually appropriate reasons for litigation, and it is sometimes the best approach for resolving a dispute. For purposes of this article, though, we discuss some of the common reasons why disputes often result in litigation, which, had they been properly managed, could have been avoided.
What's in a Personal Injury Claim?
Sieben, Grose, Von Holtum & Carey, Ltd.
If you decide to take legal action following an injury (also known as a tort action), you will probably have to mak.
Community Dispute Resolution Centers Provide Accessible ADR Throughout the State
Dykema Gossett PLLC
In 1988, the Michigan Legislature passed the community Dispute Resolution Act which established the Community Dispu.
Mediation from a Plaintiff's Perspective
The Law Offices of Robert K. Scott A Professional Corporation
A very few years ago mediation never even came into our vernacular. For the majority of most of our professional .
Handling EEOC Discrimination Charges
John L. Ross of Thompson, Coe, Cousins & Irons, LLP
This article is the first in a two-part series and provides an overview of the Equal Employment Opportunity Commission (EEOC) administrative process.
Zealous Advocacy, Mediation, And The Tangled Pursuit Of The "Win"
Jeff Kichaven of Jeff G. Kichaven
? 39.10 Winning and What it Is "Winning isn't everything, it's the ONLY thing!" "A winner never quits, and a .
What You Should Know About Pursuing A Lawsuit
Mansfield, Tanick and Cohen, P.A.
Civil litigation can be prolonged, expensive and complex. Each case is usually different. However, there are cert.
How Much Justice Can You Afford?
Wilson & Orcutt, P.C.
Most litigation attorneys will readily admit that, when all is said and done, they are the only real "winners" left.
Mediation: An Effective Process to Resolve Complex Commercial Disputes
Richard M. Shusterman of White and Williams LLP
With the continuing rise in litigation costs coupled with the length of time it takes to fully litigate most comple.
Frequently Asked Questions About Divorce Mediation
Law and Mediation Offices of David L. Price
Why Should I Consider Mediation For My Divorce? Mediation allows separating and divorcing couples to take .
Ten Steps To A Successful Mediation
Littler Mendelson, P.C.
This article discusses the steps that can be taken to maximize the possibility that a reasonable and mutually satisfactory settlement can be achieved through the use of mediation.
Negotiating the Lower Levels of Dante's Inferno: The Litigation Process
Jonathan P. Sauer of Jonathan P. Sauer,PC
One of the least understood aspects of the litigation process is the litigation process.
Divorce Mediation
Bartholomew & Wasznicky LLP
Handling a divorce can be a very distressing experience. Divorce mediation can help to ease the stressors surrounding this traumatic time in your life.
Hard Bargains
ASHLEY MEDIATION CENTERS
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental visitation .
Alternative Dispute Resolution: Which Method Is Best For Your Client
Robert Zarco
This article explores three alternative methods of dispute resolution: mediation, arbitration and litigation as app.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture.
Dispute Resolution Procedures for U.S. Exporters
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1996 Official Export Guide) All Rights Reserved The primary concern of all U.S. export.
Dispute Resolution and Litigation
Michael L. Muirhead of Michael L. Muirhead
The term "Dispute Resolution" includes litigation, but is much broader than that. Litigation is the involveme.
Neutral Evaluation -An Adr Technique Whose Time Has Come
John S. Blackman of Farbstein & Blackman, APC.
[This article is adapted from articles by the author appearing in ADR Report (published by Pike & Fischer, Inc..
Failure To Appear For Court Ordered Mediation Is Sanction able Conduct (Roberts. V. Rose, 2000 WI 1534749)
Barker, Leon & Fancher, LLP
FACTS OF CASE This case arises from a lawsuit originally filed by A.D. Murr v. Pete Rose, d/b/a El Segundo Ranch.
Pros and Cons for Use of Mediation to Resolve Disputes
Joyce Ann Gates Mitchell Attorney at Law
PROS Certainty of results, parties involved in decision and can structure practical settlement to their needs; .
Mediation Today
Harold B. Gold of
On-going Consultation Perhaps it has been your experience that you have one mediation session, and you do not .
How to Right a Wrong
Federal Trade Commission
Brochure from the Federal Trade Commission which explain a consumer's rights when ordering merchandise by mail telephone order, door-to-door sales or receiving unordered merchandise.
Lawsuit or Life? A wrongful termination case demonstrates how both the utility and the limitations on legal advice operate in the real world of lawyering.
Jeff Kichaven of Jeff G. Kichaven
A classic bit of business of the Jack Benny Program involved a masked hoodlum accosting the comic and his friends .
Alternative Dispute Resolution (Adr) May Be An Effective Way Of Avoiding Costly And Prolonged Litigation
Mansfield, Tanick and Cohen, P.A.
ADR consists of various methods of resolving legal disputes without resorting to conventional lawsuits. Most forms.
The Art of War, Litigation and Mediation
ASHLEY MEDIATION CENTERS
INTRODUCTION Twenty-five centuries ago, during the reign of Ho Lu, the King of Wu, an extraordinary philosopher.
Improving Negotiation Skills: Rules for Master Negotiators
Thomas Noble of Law Offices of Thomas Noble, P.C.
”A negotiation is an interactive communication process that may take place whenever we want somethi.
Divorce--Litigation And The Mediation Alternative
Judith Margulies Knopf of Margulies, Wind & Herrington, P.A.
Divorce is a time of changing financial arrangements and parenting responsibilities. Creative and flexible .
Complex Divorce Cases
Hammerle Finley
Most divorces concern issues such as temporary alimony, child support, child conservatorship (custody) and division of marital property and, in qualified cases, post divorce, spousal maintenance; these issues are considered common to divorce cases. Dissolutions may become more complex, and the issues less common, when the assets in dispute are of higher value.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture
Getting a Fix on the Right to Repair: Builders Must Be Careful When Altering SB 800's Pre-Litigation Procedures
Bryan C. Jackson and Lee Gotshall-Maxon of Allen Matkins Leck Gamble Mallory & Natsis LLP
Construction defect litigation is one of the many culprits blamed for the cost and scarcity of new residential housing in California and the lack of affordable construction insurance. In an effort to reduce the cost of litigation and insurance, while still protecting homebuyers, the California legislature enacted SB 800 (California Civil Code ç895 et seq.) which, among other things, adds notice, repair and mediation procedures to residential construction defect claims.
Mediation Is Not For Sissies
Jeff Kichaven of Jeff G. Kichaven
Last month, a reporter from the Los Angeles Daily Journal asked me a question about mediation which gave me quite a.
New California Mediation Confidential Law
Roderick M. Thompson of Pillsbury Winthrop Shaw Pittman LLP
The California legislature recently passed, and the governor signed last month, a law (AB 939) substantially re.
Beyond Mediation
Leonard P. Reina of
Now that mediation has become an accepted part of the practice of trial law, many trial lawyers are expanding their skills to include other forms of alternative dispute resolution (ADR).
Verdicts & Settlements
Fred T. Ashley of ASHLEY MEDIATION CENTERS
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental v.
Mediating Probate Disputes or Herding Cats
John V. Dowdy of John V. Dowdy Jr., P.C.
The Texas Alternative Dispute Resolution Procedures Act (Texas Civil Practice and .
Resolving Consumer Disputes: Mediation and Arbitration
Federal Trade Commission
Brochure from the Federal Trade Commission advising consumers on the mediation and arbitration process.
Alternative Dispute Resolution Mandated by Minnesota Court
Robert E. Woods of Briggs & Morgan
Effective July 1, 1994, new amendments adopted by the Minnesota Supreme Court to the General Rules of Practice ma.
Rules for Mediation
John W. Hughes
Mediation is a process under which an impartial person, the Mediator, facilitates .
Alternative Dispute Resolution in North Carolina
Beverly D. Teague of Beverly D. Teague, P.C.
Until recent years, clients' only legal recourse in resolving a controversy was either to attempt to settle the .
Mediation Saves M.E.T.
Sherill (Sheri) Youngberg Dean of Sheri Y. Dean & Assoc.
What is M.E.T.? It is the acronym for MÃÂMoney, EÃÂEmotion, and T- Time. The following information is intended .
Ten Mediation Do's And Don'ts
Leonard P. Reina of
Now that mediation is a permanent part of the litigation landscape, trial lawyers must learn to deal effectively not only with the process of mediation, but with the mediator himself.
Alternative Dispute Resolution Q & A
Kelly, Kelly & Allman
My husband and I are having a boundary line dispute with our neighbors. Our neighbor's attorney ha.
Mediation Plus: An Inexpensive Way to Dispose of International Disputes
Charles Donelan of Angela E. Peters
Mediation plus is the combination of known dispute resolution devices in an effort to circumvent the morass of litigation and arbitration, while still retaining the useful features of each.
Mediation Can Be Binding
James W. Elliott of Elliott, Lawson & Minor P.C.
Mediation is non-binding. That statement is true, but only up to and until a settlement agreement is reached. In a .
Anatomy of Mediating a Business Reconciliation
D. Michael Kratchman
BackgroundÃÂA Hypothetical Case Bill and Alan have been equal business partners since they started their .
Resolving Disputes
Missouri Bar Center
This article considers the costs and benefits of various dispute resolution processes.
Family Mediation
This article is an discusses the issues and implementation of a family mediation program.
Internal Dispute Resolution Programs: A Growing Trend
Tracey S Wiltgen
This article discusses the changing nature in-house grievance structures and the expanding use of ADR procedures.
Keys to a Successful Mediation
Kenneth O. Simon
Mediations are funny things. Sometimes the parties scratch, claw, fight, attack, and hammer each other, and move .
What Is Mediation And How Does It Work?
Joyce Ann Gates Mitchell of Joyce Ann Gates Mitchell Attorney at Law
Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference.
Employment Law Alert: Issue 63
Nixon Peabody LLP
This article discusses settlement agreements involving state law age discrimination claims and mediation claims.