Category: Arbritration
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Arbitration, then Mediation, a way to blend them both.
Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street. You conduct a mediation to settle a law suite. Nothing could be further from the truth. There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…
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I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?
I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? Don’t let yourself get stuck refusing to make what you believe is a reasonable settlement offer or demand based on your…
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I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court?
I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court? This is an option, but you may not resolve your dispute. Mediation is not about coming to the table as friends to avoid conflict and confrontation, as many professionals would have you…
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Why I joined the ADR section – article
Here is the article that was just published in the Contra Costa Lawyer, Volume 26, Number 1- January 2013. I am starting an exciting years as Chair of the ADR Section of the Contra Costa Bar Association. Meet Your Section Leaders – Alternative Dispute Resolution How has section membership benefited your practice? I joined the…
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Arbitrator’s Duty to Avoid Potential Conflicts
Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…
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Arbitrator’s Duty to Neutrality
Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…
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FAQ: What is the Comprehensive Mediation Agreement?
FAQ: What is the Comprehensive Mediation Agreement? In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the…