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
A common question we at Just Resolve have been asked is what a party can do if there is a written mutual agreement to use our “resolve” method, but then one party reneges by going to court instead. Due to Just Resolve’s similarities to other forms of dispute resolution such as mediation and Dispute Review Boards (DRBs), a party should be able to compel the other party to abide by the agreement and submit to Just Resolve’s process. Just ResolveRead More
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
Far too often, businesses turn to litigation for disputes that simply do not require the amount of time and money that litigation demands. Even more discouraging is that due to rising costs and other inefficiencies, arbitration has become “litigation lite.” Today, there are alternatives that may be better suited for parties, especially for disputes where major stakes are not at play and the parties have no desire to set future precedent. One alternative is a neutral-driven approach allowing parties theRead More
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
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
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
Anne Jordan is a practicing attorney in Chicago who recently joined Just Resolve as an Arbiter. Ms. Jordan has been mediating and arbitrating disputes since the early 1990s. Her practice involves corporate, commercial and technology work, as well as litigation. Her career has included general counsel positions in Silicon Valley at such companies as PeopleSoft and Sega of America, and as a partner in the Palo Alto law firm of Carr & Ferrell. She is currently with the Chicago firmRead More
Recently, Anon Moose, LLC. and NOYB, Inc.* had a $23,000 contract dispute that early negotiations failed to settle. In an effort to bring about an amicable solution for both parties, Anon’s attorney suggested involving a mutually agreeable neutral, for a set fee, to initially mediate the dispute and, if necessary, resolve the conflict via binding decision. The attorney argued that no advocate-driven process – not court, arbitration or even mediation – could deliver any semblance of real economic justice toRead More
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
