Monthly Archives: October 2016

Old School vs. New School Mediation

Mediation is a different type of approach to conflicts. Unlike arbitration where a judge or arbitration decides the outcome of a conflict, mediation allows the parties to come together and find an agreeable resolution themselves. Therefore, it is wrong to … Continue reading

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How to Handle Toxic People in the Workplace

We recently blogged about dealing with difficult people during negotiations. However, the truth is we deal with difficult and toxic people throughout the days and often in our job as arbitrators, mediators, and negotiators. In fact, any person with a … Continue reading

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Arbitration vs. PAGA Claims

In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC , the California Supreme Court said that an employer may “enforce an arbitration agreement that compels waiver of a class action, but cannot compel the employee to arbitrate … Continue reading

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Mediation Confidentiality Agreements

John Amis sued his lawyers Greenberg Traurig, LLP (GT) for malpractice. Amis claimed that they failed to inform him of how his corporation’s liabilities could be turned into personal liability. During mediation over a breach of contract, Amis and his … Continue reading

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Should We Limit Pre-dispute Arbitration Clauses? Maybe Not.

What is going on? We have previously blogged about the increased use of mandatory arbitration clauses. These clauses are most often found in consumer agreements and contracts. Another name for these binding arbitration clauses is pre-dispute arbitration clauses. In 2014, … Continue reading

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