Posted on May 05, 2021
Posted on Apr 29, 2021
Posted on Apr 20, 2021
There are additional provisions that seem to be particularly useful when defending against tenant loss claims, ones in which the tenant is claiming that either the manager made promises that were broken or the tenant had certain expectations concerning the condition of the facility when they rented their unit.
Posted on Apr 01, 2021
Posted on Mar 22, 2021
Counsel should make sure the arbitrator candidates have sufficient information about the parties, affiliates, party-representatives, known witnesses, entities that are controlling the claim and the arbitration, but who are not “parties,” the subject matter of the arbitration, and any other information relevant to the arbitrators’ consideration on whether to accept an appointment as an arbitrator or umpire.
Posted on Mar 15, 2021
In our view, providing parties with the ability to seamlessly transition out of and back into the traditional state court system would provide for a robust guarantee of appellate review that stands in stark contrast to the narrow grounds for appellate review of an arbitration award. We also believe that embracing private judging as an alternative method to resolve disputes at the trial court level would allow parties to make informed decisions about which private judge would be best suited to evaluate a given dispute.
Posted on Feb 19, 2021
In court-annexed mediation, the parties are directed by the court or by court rule to mediation whether they like it or not. Compulsory mediation is not the best way to put the parties in a position to settle, but in many court systems, it is the reality. But guess what? We mediators settle a good percentage of these cases in spite of the compulsory nature of the proceeding.
Posted on Feb 15, 2021
The starting point of any dispute resolution process must always be understanding the bases for the controversy, that is, what brings the parties before us. What are the perceived liabilities and responsibilities of each of the parties and what are the possible arguments supporting or detracting from each party’s approach to the dispute?
Posted on Feb 08, 2021
RICHARD P. BYRNE'S ARTICLE, “CONSTUCTION DEFECT CLAIMS: A MEDIATOR'S PERSPECTIVE” FEATURED IN DANY'S “DEFENDANT”
Posted on Jan 27, 2021