Unlocking Answers through Dispute Resolution

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Alternative Dispute Resolution

Mediation: Achieving Success

How can participants maximize their chances for a successful outcome in mediation? While there are many worthwhile opinions and no shortage of advice, the simple virtue of civility can advance your negotiations in a powerful way. Overlooked in so many cases is the personal factor. There are reports, claims, medical bills, evidence to be collected.…

Alternatives to Foreclosure

If you are behind in payments on your mortgage, you may be concerned about the very real possibility of foreclosure. If you are in default on your loan and are considering options that you can take to avoid foreclosure, here are some alternatives to consider. Reinstating Your Mortgage You can reinstate your mortgage by making…

ADR Pioneer Roger Fisher Dies

Roger Fisher, a pioneer in the field of international law and negotiation and the co-founder of the Harvard Negotiation Project, died on August 25, 2012. He was 90 years old. A professor at Harvard Law School for more than four decades, Fisher established negotiation and conflict resolution as a field deserving academic study and devoted…

Key Differences in Compromising and Collaborating

Compromising and collaborating can have similar outcomes when applied to the mediation process, each helps disputing parties meet their individual goals. But while the ideas are similar, they’re not interchangeable. One key difference is this: when parties compromise, they have only some of their individual goals and needs met; but when parties collaborate, each party’s expectations…

Consumer Arbitration

Found in the fine print of many cellphone, computer, car, and job contracts are terms and conditions including the waiver of a right to file a lawsuit in place of arbitration.  Most of the time this provision is never invoked but a growing number of job seekers and consumers are realizing that if something does…

“Baseball” Arbitration in Boston

On the morning before a scheduled record breaking salary arbitration hearing last week, designated hitter, David Ortiz, 36, and the Boston Red Sox agreed to a one-year contract worth $14,575,000. The deal was midway between the $16.5 million he asked for last month and the $12.65 million submitted by the Red Sox, which matched his 2011…

It’s an Arbitration for Ortiz

According to a recent Boston Herald article, David Ortiz has agreed to an arbitration hearing, unlike many of his teammates, as a means to resolve the dispute between his requested annual salary ($16.5 million) and the $12.5 million counter-offer by the Red Sox. Both parties will have an opportunity to present evidence in support of…

New Year’s (Dispute) Resolution

Not everyone likes to make resolutions for the new year. It can even be a matter of contention in some households: why should I bother; how can a symbolic date generate legitimate self-improvement? But while gym membership renewals and swearing off holiday cakes are commonly regarded as the right start to the new year, could…

A Season for Resolution

The holidays are a time to celebrate with family and friends, to express gratitude for your good fortune and to reflect on improvements you want to make. Ideally, these are things we do on a regular basis; sometimes, however, “life gets in the way.” It’s easy to get caught up in the rigors of daily…

Transparency in Mediation

An important factor in alternative dispute resolution is the manner in which each party handles the exchange of relevant information. The litigation process is known for concealing relevant information from opposing parties; however, new legal transparencies and software make it difficult to “hide” information. Mediation is a very straight-forward and transparent process at its core,…

The Plain Language Movement in ADR

A discussion about  legal “jargon” is often met with a quote by Jane M. Siegel, a professor at Thomas M. Cooley Law School: “there is no freedom or justice when the language of law and government is incomprehensible to a country’s citizens.”  Similar opinions have spurred the plain language movement in the law profession, and the need…

The Neutral Neutral

One of the first questions that clients ask when they’re considering alternative dispute resolution services like mediation and arbitration, is how a panel member or mediator can remain neutral. Each party thinks it’s correct; therefore, each party believes the neutral should “side” with it. During the dispute, however, parties usually realize the panel member’s neutrality…

ADR: Resolved to Strike a Balance

A common issue comes up regarding alternative dispute resolution agreements is that they either go too far or that they don’t go far enough.  Sometimes we hear that dispute resolution agreements are weighted to advance the drafting party, or that the resolution process doesn’t take full advantage of the opportunity to mediate and arbitrate fairly.…

Bankruptcy Disputes and ADR

Today’s economy is challenging, and as a result Alternative Dispute Resolution has been incorporated into bankruptcy and foreclosure law.   Because bankruptcy lawyers are often working under strict deadlines, ADR can be an good alternative to litigation. The Alternative Dispute Resolution Act of 1998 now “requires each federal district court, authorized by local rule, to…