Insights

The Mediator’s Role in Negotiation  Experienced negotiators might reasonably ask what a mediator can do that a skillful negotiator cannot.  Here are three (of many) things a mediator might add to the conversation. Neutrality   No matter how objective you think you are being, you are going to have blind spots in a dispute you are…

Alternative Dispute Resolution, or ADR, is a catch-all term for a wide range of alternatives to litigation.  Different varieties of ADR have different advantages and disadvantages and might or might not be available to you at different times during a dispute.  What follows is a general description of each process.  Be aware that there are…

Key Differences Between Mediation and Arbitration Some key differences between mediation and arbitration are control and finality. Mediation is a voluntary process in which a neutral third party facilitates negotiation to seek a mutually acceptable resolution to a dispute. A mediator does not impose a decision. The parties retain control over what constitutes an acceptable…

Joint Development Agreements (“JDAs”) outline how two or more people or companies will work together to develop a product or a manufacturing process for a product.  JDAs can go by many names, including service agreements, manufacturing agreements, and consulting agreements.  Whatever they are called, these agreements often give rise to difficult disputes based on expectations…

If you are going to mediation because you are required to do so by a contract or a court order, you should read the agreement or court order carefully and consider retaining a lawyer to help you understand the specific process you are obliged to follow.  Mediation that is subject to specific court or institutional…