Arbiter Spotlight – Monica Desai

Monica Desai is a practicing attorney in Washington, D.C who recently decided to join Just Resolve as an Arbiter. Her practice focuses on advising clients from the technology and communications sectors on the regulations in their industry. She helps her clients navigate the often complex regulatory rules and policies of the Federal Communications Commission (FCC) and advocate before the agency. She joined private practice after spending eleven years at the FCC, serving as the Media Bureau chief and the chiefRead More

5 Tips to Avoid Litigation

Unfortunately, no matter how careful you are in running your business, litigation strikes almost every American business today. Companies seem to be sued over the slightest mishap and even some things that seem crazy, like hot coffee spilled in a customer’s lap as they leave the drive-up window. Fortunately, there are a few things that you can easily do to avoid or significantly reduce litigation involving your business. 1) Plan for disputes Disputes are inevitable, so plan for them. Don’tRead More

Why Are We Called Arbiters?

Is there truly a difference between an arbiter and an arbitrator? It may sound like semantics, but the distinction in calling the decision makers at Just Resolve arbiters, rather than anything else, is an important one. From a strictly definitional standpoint: Arbiter means a person appointed or chosen by the parties to determine any controversy between them. It also refers to any person or object having the power of judging or determining, without limitations. (i.e. Miss Manners is an arbiterRead More

The 6 Most Common Types of Litigation Nightmares

Over the past few months, we’ve been collecting litigation nightmares through our website, email, and in person at conferences and events. After hearing hundreds of your stories, we found these nightmares can be narrowed down to a few themes: More cost than it was worth Discovery wars and abuse Being “home-towned” Frivolous suit (“I can’t believe they filed this suit”) One party does not actually want to resolve anything No clear litigation goal (and strategy to achieve it) Without divulgingRead More

Litigation Costs Black Hole?

How do you know if you are caught in a litigation costs black hole? When I first entered the practice of law I worked in-house at Sega, the video game company. We were in a hyper growth phase and with that kind of growth comes litigation, all kinds of litigation, some legitimate, but most of it specious. During this time, our outside counsel bills blossomed, or more accurately, exploded, to the tune of over $1M per month. To me, thatRead More

Who Decides?

Who decides the outcome of your dispute when you can’t resolve it yourself? The answer, as any good lawyer will tell you, is “it depends.” It depends on what dispute resolution method the parties choose to use and what kind of a dispute it is. Judge or Jury If you litigate thru trial in State or Federal Court, a judge or jury will decide your case. Usually, if there is a potentially strong emotional element to the case, at leastRead More

Avoiding Arbitration by Sonya Sigler

It would be great if arbitration were THE alternative answer to litigating in courts with over crowded dockets and ever shrinking budgets, but arbitration hasn’t turned out to be that kind of panacea over the last 40 years. I was stopped at a traffic light behind a vehicle with a license plate that said ARBATR8. Now, I haven’t thought about arbitration much, in years. In fact, I don’t think much about arbitration at all, but seeing that license plate gotRead More

How much DOES discovery cost?

Litigation can be expensive and one of the largest expenses of any litigation is finding information. Of those dollars devoted to discovery and investigation costs, producing electronically stored information (ESI) alone can comprise 60-80% of those costs. Drilling down into those costs and taking a closer look at what it costs to produce ESI, according to the Rand Institute for Civil Justice, reviewing these documents for relevancy and privilege comprises 73% of these production costs. A common industry benchmark forRead More