May 17, 2010 | The Legal Intelligencer
3rd Circuit Has Clear Rule on Pre-Hearing Discovery in ArbitrationBob is an experienced alternative dispute resolution, or ADR, practitioner. Just yesterday, for instance, he patted himself on the back after a case management conference. During the conference, the parties discussed the pre-hearing discovery that they needed. The arbitrator pointed out that Bob should move quickly in lining up his intended third-party depositions because it might be necessary to get a court to enforce the arbitrator's subpoena -- and that process could take a lot of time.
By Charles F. Forer
6 minute read
June 16, 2008 | Law.com
Persuading Non-Parties to Agree to ArbitrationPennsylvania courts repeatedly have held that you cannot force a party to arbitration if that party has not contracted to go to arbitration. It would be efficient to resolve, in one arbitration proceeding, all disputes involving the parties who have claims arising out of the same set of facts. Eliminating two distinct adjudications, in arbitration and in court, will avoid the risk of inconsistent determinations and rulings from two different fact finders.
By Charles F. Forer
5 minute read
November 15, 2010 | The Legal Intelligencer
When Arbitrators Are Appointed by Parties, Watch Out for PitfallsBob could no longer face clients upset by his mistakes that undermined arbitrations and mediations alike. "Enough is enough." So Bob found "an easier way." He let friends and family know that he was now an arbitrator for disputes of all kinds.
By Charles F. Forer
6 minute read
October 17, 2005 | The Legal Intelligencer
Can Parties Expand the Scope of Review in an Arbitration Appeal?Bob is clever. He likes arbitration. It is faster than litigation. Through the arbitrator-selection process, he can pick his judge and jury. Discovery is limited. And he knows that the arbitrator will understand the complexities of the cases that Bob customarily litigates.
By Charles F. Forer
5 minute read
November 20, 2006 | The Legal Intelligencer
When Dealing With High-Low Agreements, Caution Is the Best PolicyBob had a can't-lose case, on a contingency-fee arrangement to boot. He hung tough at a mediation session. Although the mediation did not result in a settlement, Bob was able to wring, from one of the two defendants anyway, a high-low agreement.
By Charles F. Forer
5 minute read
October 21, 2002 | New Jersey Law Journal
Can You Voir Dire a Potential Arbitrator?Lawyers should conduct their own informal voir dire by taking advantage of all available information to best ensure that a chosen arbitrator can fairly, expeditiously and knowledgeably adjudicate a dispute.
By Charles F. Forer
9 minute read
March 19, 2007 | The Legal Intelligencer
Err on the Side of Caution In Disclosing High-Low AgreementsBob helped plaintiff Rose take full advantage of a high-low agreement in a two-defendant case.
By Charles F. Forer
4 minute read
May 21, 2007 | The Legal Intelligencer
Mediation Confidentiality And How It Applies to ExpertsAnne's attorney Robert had been having a tough time prosecuting Anne's corporate waste claims against John.
By Charles F. Forer
6 minute read
May 16, 2011 | The Legal Intelligencer
The Risk of Throwing in the Towel in MediationSay what you want about Bob and his continued missteps, but one thing is certain: He does not give up. His years of legal experience have taught him always to be relentless and always to persevere; otherwise, clients vanish and cases implode.
By Charles F. Forer
7 minute read
September 18, 2006 | The Legal Intelligencer
Seeking Attorney Fees in Arbitration Could Backfire on LawyersOne year ago, Bob was really burned up about his adversary�s arbitration demand. The demand converted a $100,000 breach of contract dispute into a $1 million claim involving lost profits and other consequential damages.
By Charles F. Forer
5 minute read