December 20, 2004 | The Legal Intelligencer
Mediation Preparation: Making Sure Your Adversary AttendsAnne and her attorney just arrived for the mediation session at Lori Smith's office. Smith is the jointly chosen mediator. After many twists and turns, Anne is on the brink of starting a negotiation process that, she hopes, will finally resolve her corporate-waste claims against her former partner John.
By Charles F. Forer
5 minute read
April 18, 2005 | The Legal Intelligencer
Party-Appointed Arbitrators - Watch Out!Anne's attorney finally has figured it out. Last month, the mediation session fell apart because Anne's former partner - and now adversary - John did not act in good faith. But, the parties have all agreed to go back to arbitration. At Anne's attorney's suggestion, this arbitration will have three arbitrators, not one; John and Anne will each have the chance to choose a party-arbitrator.
By Charles F. Forer
5 minute read
August 16, 2004 | The Legal Intelligencer
Tips for Preparing Your Client for MediationAt the last minute, Anne and her attorney decided to mediate their claims instead of going to an arbitration hearing that had been scheduled to start next month.
By Charles F. Forer
5 minute read
September 17, 2007 | The Legal Intelligencer
N.J. Case Can Help End Delays in Gaining Post-Arbitration AwardsAnne's attorney Robert had been in great form at the three-day arbitration hearing. The resulting arbitration award gave Anne everything that she sought.
By Charles F. Forer
5 minute read
July 16, 2007 | The Legal Intelligencer
Raising Arbitration Right From the Get-GoFive months ago, Anne called her attorney, Robert, telling him that John had filed a writ of summons and that someone just handed a copy of the writ to her.
By Charles F. Forer
6 minute read
May 17, 2002 | The Legal Intelligencer
A Lawyer Must Ask, Who Is Bound by an Arbitration Agreement? Additional Party SolutionsAnne and Tom are almost ready to start their arbitration hearing. For the past several months, Anne had been hoping that the hearing would resolve her claim that Tom had plundered their closely held corporation. Anne cannot wait until the arbitration is over. She wants to turn all of her energies to her newest business endeavor.
By Charles F. Forer
5 minute read
August 15, 2005 | The Legal Intelligencer
Options Available When There Are No-Shows in ArbitrationRobert hit a roadblock in his last arbitration proceeding. Representing a bank, Robert duly served the arbitration demand on the bank's high-net-worth borrower who owed more than $600,000, presented all of his evidence at the arbitration hearing at which the borrower was a no-show, and received the expected arbitration award for the full amount of the bank's demand.
By Charles F. Forer
5 minute read
June 16, 2008 | The Legal Intelligencer
Persuading Non-Parties to Agree to ArbitrationAnne has breach of fiduciary duty and corporate waste claims against John, a former 50 percent stockholder in JoAnne Corp., a closely held corporation that Anne and John formed.
By Charles F. Forer
5 minute read
February 28, 2005 | The Legal Intelligencer
Mediation Confidentiality: How Not to Stick It to Your AdversaryAnne and her attorney arrived for their mediation session at mediator Lori Smith's office hoping at long last to reach a settlement with Anne's former partner - and now adversary - John. However, the mediation lasted less than one hour. Reason: John and his attorney acted in bad faith, were unprepared to talk substance and refused to discuss anything having to do with settlement.
By Charles F. Forer
5 minute read
June 20, 2005 | The Legal Intelligencer
Frustrations Involved in Dealing With Shows in ArbitrationsAnne's attorney Robert has been having a tough time prosecuting Anne's corporate-waste claims against John. Robert just cannot make any progress in getting to the final arbitration hearing. But at least Robert has a busy law practice. There are other matters that keep him busy, and even more importantly in holding up his damaged ego, provide him with victories and success.
By Charles F. Forer
5 minute read