Tips for an effective and ethical negotiation

Turning tables, investors demand arbitration

By Deborah Elkins
Published: July 2, 2012
Tags: ADR, Contract, Federal Courts

Investors who claimed they lost $1 million based on their securities seller’s bad advice can force the firm that later hired the salesman to arbitrate their claim for fraud. The investment firm said the fraud claim arose during the investment advisor’s tenure with his old firm, which had ceased doing business, and it was not [...]

Clients can head for ADR ‘Food Court’

By Dolan Media Newswires
Published: June 4, 2012
Tags: ADR

When lawyers think about how to resolve disputes, they usually first consider traditional modes such as lawyer-to-lawyer negotiation or litigation. They may think of other processes – mediation, collaborative law or even arbitration – as more marginal “alternatives.” A better approach is to keep in mind the dispute resolution selections as a “food court” that [...]

Making it as a mediator: Tips from those in the know

By Dolan Media Newswires
Published: May 30, 2012
Tags: ADR

Litigators weary of the wear and tear on their professional lives often want to know how to make the transition to becoming a mediator. Some lawyers may see mediation as being more congruent with their personalities. Others simply may want to add to their range of professional skills. Many lawyers reflect on successful negotiations at [...]

The case for separate settlement counsel in the ADR process

By Virginia Lawyers Weekly
Published: April 6, 2012
Tags: ADR

Have the recent domestic and global economic upheavals led to structural changes in the practice of law? Whether there is a “new normal” for the legal profession may be debatable, but one thing is certain: clients, particularly business clients, have sharpened their focus on how to reduce legal spending, and have singled out litigation as [...]

Mediation in med-mal cases: What’s not to like?

By Deborah Elkins
Published: March 5, 2012
Tags: ADR, Medical Malpractice

When it comes to medical malpractice cases, “everybody doesn’t like something, but nobody doesn’t like” mediation. For lawyers who appreciate the nuance of a double negative, the old slogan used to sell Sara Lee coffee cake captures the appeal of the mediation process. Some of the motives that move any litigant toward mediation – confidentiality, [...]

U.S. Supreme Court signals continuing preference for arbitration

By Correy E. Stephenson
Published: February 6, 2012
Tags: ADR, Consumer Protection, U.S. Supreme Court

The U.S. Supreme Court solidified its pro-arbitration stance in its decision last month interpreting the Credit Repair Organizations Act. In CompuCredit v. Greenwood, the justices said the CROA was silent on whether claims can proceed in arbitration, despite a prohibition on waivers of a consumer’s rights and a disclosure provision that informed consumers of a [...]

Credit Repair Act claims are subject to arbitration

By Correy E. Stephenson
Published: January 17, 2012
Tags: ADR, Consumer Protection, Federal Courts, U.S. Supreme Court

Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates the parties’ arbitration agreement be enforced, the U.S. Supreme Court ruled on Jan. 10. A group of consumers brought suit in federal court against CompuCredit, a company that marketed a credit card that purported to [...]

Dos and don’ts of cost-effective mediation

By Dolan Media Newswires
Published: January 13, 2012
Tags: ADR

Wisconsin lawyer Dawn Drellos-Thompson realized a few years ago that her small business owner or minimum-wage earning clients could not afford most mediators. So she started a separate mediation practice, charging half or less of the Milwaukee-area market rate. She provides flat-fee mediation without time limits: $250 for small claims of $5,000 or less, and [...]

Five things to know about arbitration at FINRA

By Dolan Media Newswires
Published: December 1, 2011
Tags: ADR

For attorneys who never have heard of the Financial Industry Regulation Authority before, now might be a smart time to learn the basics. Wall Street has been a tumultuous place of late, and chances are, sometime soon a client will lament losing his shirt because of a broker’s bad calls. Or, perhaps a client who [...]