Comparing Cures for Covid Related Lawsuits

It’s Covid Time.  None of us saw this coming. Vacations, weddings, rent payments, jobs, and so much more, all thrown into chaos, and with that chaos comes uncertainty and disagreements. I’ve made or received a deposit for an event, is a refund owed? What rent is owed when a leased office can’t be used? A project has been delayed or cancelled, who is on the hook? What are the rights of tenants and landlords when payments are missed because ofRead More

Litigation Nightmares

I’ve been working on my upcoming book about our neutral-driven dispute resolution.  It begins with a litigation nightmare from my own law practice about a start-up drug company who disputed a bill from a testing lab after the study results weren’t favorable.  Read the excerpt to see what happened.  The start-up drug company’s CEO was the kind of person who wants everyone to know he’s the smartest person in the room.  To make matters worse, he was also an attorney.  InRead 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. People and companies end up in litigation for many reasons. 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 anyRead More

What Makes a Neutral a “Good” Neutral?

The number one consideration for choosing a dispute resolution service is making sure your neutral is good, whether they are a mediator, arbitrator, or arbiter; but what makes a neutral good? What does “good” really mean in this context? After interviewing business owners in depth to figure out what matters to them the most about the facilitator or decision maker, these five criteria emerged as the most important. Neutral – Disputing parties wanted to make sure that their decision makerRead More

The 5 Must Haves When Choosing a Dispute Resolution Service

After interviewing many business owners to find out what their top considerations are in choosing a dispute resolution service, I’ve compiled a list of the 5 most common considerations from all of the responses. Neutrality Whether you are using an arbitrator, a mediator, an arbiter, or a private judge, make sure the neutral isneutral. I heard this cautionary note time and time again. Make sure if you are going to use the court appointed mediator, that he (or she) really isRead More

Forcing Law Firms to Innovate: First, Get Your (In)House in Order

Even though it may feel like a steep uphill climb for in-house counsel to force law firms to innovate, there are things that in-house counsel can do to encourage change. In the prior article in this series, I asked “Why won’t in-house counsel force their law firms to innovate?” and the most common answer was that “there is very little we can do to “force” anything…other than rates and reporting. We can’t tell them how to run their business…” Wait, butRead More

What Mt. Kilimanjaro Taught Me About Business

Picture this: ten friends slogging their way up Mt. Kilimanjaro – each one carefully copying the foot placements of the person in front of him. Now add in extreme weather, sleep deprivation and the lurking possibility of injury. About a month ago, that was my reality. The air was thin, but the penchant for adventure was dense as ever. As my friends and I struggled to make our way up, I couldn’t help but think of all the similarities between this trek andRead More

Why Won’t In-House Counsel Force Their Law Firms to Innovate?

As a follow-up to my recent article “Why Won’t Law Firms Innovate?,” where the answer was in part that their in-house counsel won’t force them to, I’ve had the chance to speak with several other in-house counsel and I asked them bluntly,  “Why won’t you force your outside law firms to innovate?” The responses were varied, and even though the most frequent answers were centered around fear, uncertainty, and doubt, the real answer lies in one response – “we haveRead More

Why Won’t Law Firms Innovate?

Most law firms still use an “opportunity cost” model to charge by the hour, regardless of outcome and how much is at stake. The reason law firms don’t change the way they are doing business is this simple – law firms won’t change because clients don’t make them. Law firms are waiting for clients to insist on change before they make a move. This is a dangerous waiting game. It’s the chicken and egg problem. Clients suspect that their timeRead More

Arbiter Lance Descourouez Wins Vistage Cope Award

Media Contact Jackie Flaten, for Just Resolve 650-468-6252  |  jdflaten@gmail.com FOR IMMEDIATE RELEASE Just Resolve’s Business Arbiter awarded Top Honor in Global Leadership Organization Silicon Valley’s Lance Descourouez, international business consultant, mentor and community leader provides expert guidance as arbiter for Just Resolve, a firm changing how business justice is delivered October 6, 2016 – SAN JOSE, CA – Just Resolve, a business which provides a revolutionary way to fairly and economically resolves common legal disputes, announced today that oneRead More