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Tag Archives: ADR

Clients can head for ADR ‘Food Court’ (access required)

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 ...

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Making it as a mediator: Tips from those in the know (access required)

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 ...

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The case for separate settlement counsel in the ADR process

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 ...

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Mediation in med-mal cases: What’s not to like? (access required)

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 ...

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U.S. Supreme Court signals continuing preference for arbitration (access required)

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 ...

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Dos and don’ts of cost-effective mediation (access required)

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 ...

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Five things to know about arbitration at FINRA (access required)

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 ...

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Tips for an effective and ethical negotiation (access required)

The role of business counsel is complex. The lawyer has to not only produce a legal and enforceable negotiated agreement, but also must try to get the best deal for clients while conducting the negotiation in a way that reflects ...

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Boyd Graves: ‘What’s up with mandatory arbitration?’ (access required)

ALEXANDRIA—Plaintiff’s lawyers have complained about mandatory arbitration clauses in consumer contracts for years, but it’s a little unusual to hear defense lawyers take up the charge. That’s what happened at the Oct. 28 annual meeting of the Boyd Graves Conference. ...

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