Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine ...Read More »
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Savvy attorneys are using technology to speed settlement talks and mediation sessions. Many attorneys come to trial with flashy PowerPoint presentations, but will sit down at ADR sessions with only pens and paper. That’s changing, however, as attorneys realize that ...Read More »
Mediation practice thrives in Virginia, having begun at the grass-roots level some 20 years ago. Pioneers of the movement and current and aspiring practitioners gathered Oct. 20 at the University of Richmond law school to celebrate National Mediation Month, sponsored ...Read More »
For years, lawyers have used time and money savings to sell their clients on alternative dispute resolution. The private marketplace affords a variety of vendors, who offer different approaches to dispute resolution, at different price points. Alongside these private services, ...
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The fight over nursing home arbitration agreements, percolating through Virginia circuit courts for the last five years, has reached the Supreme Court of Virginia. A split in Virginia circuit courts usually gets the high court’s attention. Looking to his own ...Read More »
The case of a Norfolk judge who refused to enforce an arbitration clause in a nursing home contract is among the more interesting of the first flush of petitions for appeal granted by the Supreme Court of Virginia after its ...Read More »