By James Young | December 3, 2024
In cases where clients aren't conversant in English, a bilingual mediator can help bridge the communication gap so that all the parties feel heard and understood. This is one of the primary goals of mediation and will help set the stage for resolution.
By Alexander Lugo | November 27, 2024
With Miami's popularity as a venue for international arbitration steadily rising, it will host its second arbitration week conference starting Saturday. Local attorneys expect even more interest in the city as a venue for disputes in 2025.
By Glenn Hutchison and David Matthews | November 26, 2024
Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans typically believe they are viewing the relevant information and events objectively and accurately. But the truth is that our brains actively construct our interpretation, or perspective, and this constructive process is heavily influenced/biased by our desires, or interests, even when we are genuinely attempting to be objective.
By Francis Curran | November 22, 2024
For nearly 60 years after the FAA was enacted, the U.S. Supreme Court left the enforceability of arbitration agreements largely undisturbed. However, beginning in the 1980s, the Supreme Court began a shift toward an expansive interpretation of the FAA and stricter enforceability of arbitration agreements.
By Robert J. Jossen | November 22, 2024
An important part of the mediator’s role is that she or he is not an advocate and does not hold a dispositive view about the dispute. As a neutral I often say during a mediation, “I have no stake in who wins or loses and no view of the ultimate merits. All I care about is helping the parties reach an agreement.”
By Daniela Holmes | November 14, 2024
"In a 2020 national survey, civil litigators and jurists ranked arbitration last on fairness and personal preference," writes Daniela Holmes of Lynn Pinker Hurst & Schwegmann.
By Bryan Rendzio | November 13, 2024
Disputes are so common in fact that Florida law provides that an HOA or homeowner involved in a dispute must mediate the issue before going to court. This provision means that community association board members will likely be involved in a mediation, often for the first time, at some point.
By Tommaso Baronio | November 8, 2024
"The amendment is a positive step, simplifying the rule and making it more straightforward for practitioners and parties to navigate," said William K. Hill, a shareholder at Gunster.
New Jersey Law Journal | Commentary
By Michael L. Fialkoff and Andrew R. Ingalls | November 7, 2024
"For consumers, the decision underscores the need to carefully review any terms of use or terms of service attached to a website or app," write Day Pitney's Michael L. Fialkoff and Andrew R. Ingalls
By Charles Toutant | November 6, 2024
"Instead of using the phrase 'agree to' in the sentences about arbitration, the parties used 'may,'" two appellate judges wrote.
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