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Client Centric Lawyers

What does it mean to be a client centric lawyer? Lawyers get a bad rap sometimes and are seen as money grubbing slime-balls who bleed their clients for every dime they have. Now, that may be true in the movies but it hasn’t been true in my experience as an attorney. Most lawyers I know and have come across have been very client centric and are concerned about what is best for their client. (Whether the client listens to theirRead More

Who Decides?

The ultimate decision maker can be one of the most important factors in resolving your dispute. Is your dispute being decided by a judge or a jury? Or an arbitrator or panel of arbitrators? Or is a mediator helping you come to an agreement? Or a proactive arbiter? Let’s take a look at the roles of each in more detail. Judges Judges are either appointed (at the Federal level) or elected (at the State level, with an outright election orRead More

Runaway Costs and Domino Delays: Innovative Ways to Resolve Subcontractor Disputes

Deciding Factors in Choosing a Dispute Resolution Method, And Why It Matters Whenever a disagreement can’t be settled in a couple conversations, it may become necessary to choose a dispute resolution method to resolve such disagreement.  Consequently, you should know a few things about the available dispute resolution methods. First, you should know your options – currently there are at least six basic methods (see the accompanying table), and second, you should know when it makes sense to use eachRead More

Why Litigate: When would you WANT to choose litigation?

Why would you want to litigate? Previously, I wrote an article on reasons why you should avoid litigation. Now, I’ll take a look at the other side of the coin and discuss when litigation might be the more appropriate solution. There are many reasons people end up in litigation. Usually, someone – or, more likely, both parties – think they are right or they don’t see any other choice. Although this may be true, it does not offer any strategicRead More

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 Arbitration

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