Category Archives: Arbitration

How to Prepare for Large Group Mediations

There have been many articles written about mediation and what clients should do to prepare for their first mediation session. These activities including being on time, speaking to your mediator before hand, and even bringing snacks to the meeting. This … Continue reading

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People-oriented Mediation

Charlie Young, an experienced mediator, has come to learn that mediators often forget about the most important part of the mediation: the people. Everyone gets so caught up in the monetary and concrete topics surrounding mediation that they forget that … Continue reading

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Ethics and Fairness in Negotiation

There are often times in business where you may feel a need to negotiate. For example, you may want to negotiate the terms of a contract. Other times you are forced to negotiate. An example would be selling your business, … Continue reading

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The Changing Definition of ADR

Many attorneys and scholars have written about the “vanishing trial.” This refers to the decrease in the number of people going to trial to settle their disputes. Instead, more and more people are turning to ADR methods. Most people know … 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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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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