The Legal Intelligencer | Commentary
By Charles F. Forer | December 30, 2021
Why so long? After so many mistakes and so many legal fees, why did it take until 2021 for a disgruntled client to refuse to pay one of Bob's bills?
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 13, 2021
Contracts among owners, general contractors and subcontractors will invariably contain provisions detailing the forum and procedures under which their disputes are to be resolved. Of critical importance to the general contractor, of course, will be that these provisions be consistent
The Legal Intelligencer | Commentary
By Charles F. Forer | November 15, 2021
Bob chortled to PB's president that, "the homeowners are facing a challenging claim; they will quickly come to the settlement table to avoid the risks of losing the defamation claim and paying my fees on top of their fees."
The Legal Intelligencer | Commentary
By Annette M. Rizzo | November 9, 2021
In the past few months, multiple county courts have sought permission to utilize alternative dispute resolution (ADR) procedures in eviction proceedings, including procedures for collaborating with their county rental assistance provider.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | October 21, 2021
Regardless of whether the mediation involves a franchise dispute, or another negotiated dispute resolution, the focus is now on implementing settlement agreements that can be readily enforced.
By ALM Staff | October 18, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | October 18, 2021
Often, in the midst of an arbitration, parties, and occasionally the arbitrator, sense that it would be appropriate to engage in settlement discussions. The suggestion is made that perhaps the arbitrator, who is already familiar with the matter, should participate in such discussions, rather than engaging the services of a separate mediator, and thereby extra costs may be avoided.
The Legal Intelligencer | Commentary
By Charles F. Forer | September 21, 2021
Section 4 of the Federal Arbitration Act (FAA) says "a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement."
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 16, 2021
The past 50 years have seen an incredible increase in the use of arbitration as a preferred method for the resolution of disputes. As a result, articles, books, and legal opinions have emphasized the need to carefully draft mandatory arbitration provisions and the care that must be taken to assure that such provisions are not waived.
The Legal Intelligencer | Commentary
By Charles F. Forer | July 22, 2021
Bob has been around the block several times when it comes to deposing third-party witnesses in arbitration proceedings. He knows the Federal Arbitration Act (FAA) does not expressly allow for the full-blown discovery that parties routinely get under the Federal Rules of Civil Procedure.
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