In the Legal’s Alternative Dispute Resolution supplement, read about guided-choice mediation, the use of technology in mediation and gaining a winning perspective. Click here to download the digital edition.Guided-Choice Mediation: An Approach to Controlling the High Cost of Arbitration, Litigation

Where guided choice mediation is utilized, the parties agree on the selection of a mediator whose role it is to assist them, in the early stages of a dispute, in achieving a timely resolution of that dispute.

The Use of Technology in Mediation: Inexpensive Tools to Present Your Case

With today’s technology, there are many inexpensive, yet powerful tools that can be used to present your case in a mediation setting.

Some Reasons Why Big Cases Do Not Settle Sooner

The longer cases are litigated, the more they cost. Particularly for corporate parties, this means more internal time is lost, and more dollars may need to be held in reserve over long periods which could be more productively applied elsewhere. Thus, it is no surprise that many companies who regularly litigate closely track the time cases are open as one yardstick to measure the performance of outside counsel.

Expectations and Practices Concerning Examinations in Internal Arbitration

At its core, international arbitration is governed by a combination of common and civil law norms that have evolved over time. Thus, unsurprisingly, international arbitration practice differs in many ways from what an attorney might encounter during court proceedings or domestic arbitrations in the United States.

A Modest Proposal to Mitigate Sexual Harassment and Misconduct in the Workplace

Social and news media bombard us daily with accounts of sexual harassment and misconduct by captains of industry, the arts and politics. The accounts and identities of these formerly admired men continue to shock the public with no end in sight.

Gaining a Winning Perspective in Mediation: It's All About the Frame

In the traditional model of dispute resolution through litigation, a win is easy to define. Most times, there is a winner and a loser identified by who prevailed, on which claims, and what monetary compensation was awarded. Indeed, with the exception of limited equitable remedies available for a small subset of certain claims, this is the predetermined, limited outcome of the litigation process. It is black and white by design.

Allocation: Empathy, Efficiency and Justice for the Victims

In the past year, each of us performed a damages allocation arising from a horrific accident—the May 2015 derailment of Amtrak Train 188 in Philadelphia, a crash that killed eight and seriously injured 200 people, and the June 2013 collapse of the Salvation Army Thrift Store in Center City, which killed seven and severely injured 12.