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

Strengthen Client Relationships with Just Resolve

One question we often get at Just Resolve is about the role of attorneys in the Just Resolve process. In short, Just Resolve delivers an alternative dispute resolution (“ADR”) service that does not require lawyer participation. However, Just Resolve is useful for client centric lawyers (those who care more about their client’s best interests than short term legal fees) even if their services are not required. This article will explain several ways Just Resolve’s method can be used to furtherRead 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

“You Can’t Sue Me, We’ve Agreed to Resolve It!”

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

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

Using a Neutral Driven Approach Instead of Litigation

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

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