<?xml version="1.0" encoding="utf-8" standalone="yes"?><rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom"><channel><title>Just Resolve — Cure for a Common Lawsuit on Just Resolve</title><link>https://www.justresolve.com/</link><description>Recent content in Just Resolve — Cure for a Common Lawsuit on Just Resolve</description><generator>Hugo</generator><language>en-US</language><lastBuildDate>Thu, 20 Aug 2026 00:00:00 +0000</lastBuildDate><atom:link href="https://www.justresolve.com/index.xml" rel="self" type="application/rss+xml"/><item><title>Privacy Policy</title><link>https://www.justresolve.com/privacy-policy/</link><pubDate>Thu, 20 Aug 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/privacy-policy/</guid><description>&lt;p&gt;&lt;strong&gt;Effective date: August 20, 2026.&lt;/strong&gt; This policy replaces the previous&#10;policy dated November 1, 2012. It covers &lt;a href="https://www.justresolve.com"&gt;www.justresolve.com&lt;/a&gt; (the &amp;ldquo;Site&amp;rdquo;)&#10;only. It does not cover information you share with us elsewhere — by&#10;email, by phone, or during an engagement.&lt;/p&gt;&#10;&lt;p&gt;We wrote this the way we write everything: plainly. If anything here is&#10;unclear, email us and we will explain it.&lt;/p&gt;&#10;&lt;h2 id="the-short-version"&gt;The short version&lt;/h2&gt;&#10;&lt;ul&gt;&#10;&lt;li&gt;This Site has no accounts, no forms, and no comment boxes. Browsing it&#10;sends us nothing about you directly.&lt;/li&gt;&#10;&lt;li&gt;We use one optional analytics tool (Google Analytics). &lt;strong&gt;It stays off&#10;unless you click &amp;ldquo;Allow analytics&amp;rdquo; in the consent notice.&lt;/strong&gt; If you&#10;decline — or say nothing — no analytics code runs and no analytics&#10;cookies are set.&lt;/li&gt;&#10;&lt;li&gt;We honor the Global Privacy Control browser signal. If your browser&#10;sends it, we treat it as a &amp;ldquo;no&amp;rdquo; automatically and won&amp;rsquo;t ask.&lt;/li&gt;&#10;&lt;li&gt;We do not sell or share your personal information with anyone for&#10;money or advertising. There are no ad trackers on this Site.&lt;/li&gt;&#10;&lt;/ul&gt;&#10;&lt;h2 id="what-we-collect"&gt;What we collect&lt;/h2&gt;&#10;&lt;p&gt;&lt;strong&gt;If you contact us.&lt;/strong&gt; The Site lists our email address and phone&#10;number. If you reach out, we receive whatever you choose to send —&#10;typically your name, contact details, and a description of your dispute.&#10;We use it to respond to you and, if you engage us, to provide the&#10;service. We keep such correspondence as long as needed for those&#10;purposes and for our legal record-keeping obligations.&lt;/p&gt;</description></item><item><title>Terms of Use</title><link>https://www.justresolve.com/terms-of-use/</link><pubDate>Thu, 20 Aug 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/terms-of-use/</guid><description>&lt;p&gt;&lt;strong&gt;Effective date: August 20, 2026.&lt;/strong&gt; These Terms govern your use of&#10;&lt;a href="https://www.justresolve.com"&gt;www.justresolve.com&lt;/a&gt; (the &amp;ldquo;Site&amp;rdquo;), which is owned and operated by Just&#10;Resolve LLC (&amp;ldquo;Just Resolve,&amp;rdquo; &amp;ldquo;we&amp;rdquo;). By using the Site you agree to these&#10;Terms. If you don&amp;rsquo;t agree, don&amp;rsquo;t use the Site. We may update these Terms&#10;from time to time; continued use after a change means you accept it.&lt;/p&gt;&#10;&lt;h2 id="not-legal-advice"&gt;Not legal advice&lt;/h2&gt;&#10;&lt;p&gt;This one matters, so it comes first. Just Resolve is a private&#10;dispute-resolution practice. &lt;strong&gt;We are not a law firm and we do not&#10;practice law&lt;/strong&gt;, even though people trained as attorneys are involved in&#10;our work. Nothing on this Site — articles, dictionary entries, the cost&#10;calculator, template language, anything — is legal advice, and reading&#10;it does not create an attorney-client relationship. Every dispute is&#10;different. If you need legal advice, retain your own lawyer before you&#10;act. By using the Site you agree not to bring any claim against Just&#10;Resolve premised on treating Site content as legal advice or legal&#10;representation.&lt;/p&gt;</description></item><item><title>International Arbitration: Cross-Border Disputes, Explained Simply</title><link>https://www.justresolve.com/dictionary/international-arbitration/</link><pubDate>Fri, 24 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/international-arbitration/</guid><description>&lt;p&gt;Here&amp;rsquo;s a problem you may not have thought about. Two companies in two different countries sign a deal. Then they fight. Whose court decides?&lt;/p&gt;&#10;&lt;p&gt;Yours? Theirs? Neither side trusts the other&amp;rsquo;s home court. And a US judge can&amp;rsquo;t easily force a company in Germany to do anything anyway.&lt;/p&gt;&#10;&lt;p&gt;The answer the world landed on is international arbitration. Let me explain it in plain words, because it sounds exotic and really isn&amp;rsquo;t.&lt;/p&gt;</description></item><item><title>What Is JAMS, and How Does It Compare?</title><link>https://www.justresolve.com/dictionary/what-is-jams/</link><pubDate>Thu, 23 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-jams/</guid><description>&lt;p&gt;If the AAA is the biggest name in American arbitration, JAMS is the other one.&lt;/p&gt;&#10;&lt;p&gt;JAMS started as the &amp;ldquo;Judicial Arbitration and Mediation Services.&amp;rdquo; Most people just say JAMS now. It&amp;rsquo;s a private company known for one thing above all: retired judges.&lt;/p&gt;&#10;&lt;p&gt;Let me explain what it does and how it compares, because people mix it up with the AAA all the time.&lt;/p&gt;&#10;&lt;h2 id="what-jams-is-known-for"&gt;What JAMS is known for&lt;/h2&gt;&#10;&lt;p&gt;JAMS is a private dispute-resolution provider. Like the AAA, it doesn&amp;rsquo;t decide your case itself. It gives you a roster of neutrals to pick from, a set of rules, and staff to manage the process.&lt;/p&gt;</description></item><item><title>What Is the AAA (American Arbitration Association)?</title><link>https://www.justresolve.com/dictionary/what-is-the-aaa/</link><pubDate>Wed, 22 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-the-aaa/</guid><description>&lt;p&gt;If your contract sends a dispute to arbitration, there&amp;rsquo;s a good chance it names the AAA.&lt;/p&gt;&#10;&lt;p&gt;The AAA is the American Arbitration Association. It&amp;rsquo;s the biggest and oldest arbitration provider in the United States, around for a hundred years. When people talk about &amp;ldquo;the arbitration company,&amp;rdquo; this is often who they mean.&lt;/p&gt;&#10;&lt;p&gt;Let me tell you what it really is, because the name makes it sound like a court. It isn&amp;rsquo;t one.&lt;/p&gt;</description></item><item><title>Employment Disputes: A Careful Look at a Tricky Category</title><link>https://www.justresolve.com/dictionary/employment-disputes/</link><pubDate>Tue, 21 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/employment-disputes/</guid><description>&lt;p&gt;I&amp;rsquo;m going to handle this one differently. Employment disputes are not like the other business disputes I write about, and pretending otherwise could do you harm.&lt;/p&gt;&#10;&lt;p&gt;An employment dispute is a disagreement between an employer and a worker. It sounds like any other two-party fight. It isn&amp;rsquo;t. This category comes with special rules and protected rights, and that changes how to approach them.&lt;/p&gt;&#10;&lt;h2 id="why-employment-is-different"&gt;Why employment is different&lt;/h2&gt;&#10;&lt;p&gt;Most business disputes are between two companies standing on roughly equal ground. The law mostly lets them sort out disputes however they may agree.&lt;/p&gt;</description></item><item><title>Shareholder Disputes: When Owners of a Company Clash</title><link>https://www.justresolve.com/dictionary/shareholder-disputes/</link><pubDate>Mon, 20 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/shareholder-disputes/</guid><description>&lt;p&gt;The worst business disputes I&amp;rsquo;ve seen were between people who used to be friends.&lt;/p&gt;&#10;&lt;p&gt;Shareholders are the people who own a company. A shareholder dispute is a fight between them. And it&amp;rsquo;s often the ugliest kind, because they&amp;rsquo;re stuck together.&lt;/p&gt;&#10;&lt;p&gt;You can fire a vendor. You can walk away from a customer. But two owners of the same company are chained to the same boat. When they start swinging, the boat takes the damage.&lt;/p&gt;</description></item><item><title>Vendor and Supplier Disputes: When the Goods or the Payment Go Wrong</title><link>https://www.justresolve.com/dictionary/vendor-supplier-disputes/</link><pubDate>Sun, 19 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/vendor-supplier-disputes/</guid><description>&lt;p&gt;Nearly every business buys from someone and sells to someone. So nearly every business will one day fight with a vendor or a supplier.&lt;/p&gt;&#10;&lt;p&gt;A vendor or supplier dispute is a disagreement between a buyer and a seller of goods or services. Usually it comes down to one of two things: the goods went wrong, or the payment went wrong. Let me break it down.&lt;/p&gt;&#10;&lt;h2 id="the-two-basic-shapes"&gt;The two basic shapes&lt;/h2&gt;&#10;&lt;p&gt;Strip these fights to the bone and you get two shapes.&lt;/p&gt;</description></item><item><title>IP Disputes: Who Owns the Ideas, Names, and Work</title><link>https://www.justresolve.com/dictionary/ip-disputes/</link><pubDate>Sat, 18 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/ip-disputes/</guid><description>&lt;p&gt;IP stands for intellectual property. It&amp;rsquo;s a fancy phrase for something simple: things you own that you can&amp;rsquo;t touch.&lt;/p&gt;&#10;&lt;p&gt;An idea. A brand name. A logo. Code someone wrote. A design. You can own these the same way you own a truck, even though you can&amp;rsquo;t kick the tires.&lt;/p&gt;&#10;&lt;p&gt;IP disputes are fights over who owns one of these, or who&amp;rsquo;s allowed to use it. And they get emotional fast, because they feel like theft.&lt;/p&gt;</description></item><item><title>Partnership Disputes: When Business Partners Stop Agreeing</title><link>https://www.justresolve.com/dictionary/partnership-disputes/</link><pubDate>Fri, 17 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/partnership-disputes/</guid><description>&lt;p&gt;A fight between business partners is different from other disputes. It&amp;rsquo;s personal. And that makes it more dangerous, not less.&lt;/p&gt;&#10;&lt;p&gt;A partnership dispute is a disagreement between the people who own and run a business together. Money is part of it. But so is trust, pride, and years of shared history. Let me explain why that mix is so hard, and what to do about it.&lt;/p&gt;&#10;&lt;h2 id="why-partner-fights-cut-deeper"&gt;Why partner fights cut deeper&lt;/h2&gt;&#10;&lt;p&gt;Most business disputes are between strangers. A vendor, a customer, another company. You didn&amp;rsquo;t like them much to begin with, so a fight is just business.&lt;/p&gt;</description></item><item><title>The $10k to $1M Problem: Disputes Too Big for Small Claims, Too Small for Court</title><link>https://www.justresolve.com/dictionary/dispute-value-range/</link><pubDate>Thu, 16 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/dispute-value-range/</guid><description>&lt;p&gt;There&amp;rsquo;s a dead zone in how we handle disputes. It sits between $10,000 and $1 million, and most business disputes land right in the middle of it.&lt;/p&gt;&#10;&lt;p&gt;I spent forty years watching people fall into this gap with nowhere good to go. Let me show you why it exists and what to do about it.&lt;/p&gt;&#10;&lt;h2 id="the-two-doors-and-the-hallway-between-them"&gt;The two doors, and the hallway between them&lt;/h2&gt;&#10;&lt;p&gt;For disputes, most people know about two doors.&lt;/p&gt;</description></item><item><title>Contract Disputes: The Most Common Business Dispute There Is</title><link>https://www.justresolve.com/dictionary/contract-disputes/</link><pubDate>Wed, 15 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/contract-disputes/</guid><description>&lt;p&gt;If you run a business long enough, you&amp;rsquo;ll have a contract dispute. It&amp;rsquo;s the most common business dispute there is. Not a special disaster. A normal event.&lt;/p&gt;&#10;&lt;p&gt;A contract dispute is simply a disagreement about a deal you wrote down. One side thinks the other didn&amp;rsquo;t do what the contract said. Let me unpack what that means and how these fights actually go.&lt;/p&gt;&#10;&lt;h2 id="what-a-contract-dispute-really-is"&gt;What a contract dispute really is&lt;/h2&gt;&#10;&lt;p&gt;A contract is a promise the law will enforce. You agree to do something, they agree to do something, and it&amp;rsquo;s written down.&lt;/p&gt;</description></item><item><title>Is the Decision Actually Enforceable? What 'Enforceable' Means</title><link>https://www.justresolve.com/dictionary/enforceability-of-award/</link><pubDate>Tue, 14 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/enforceability-of-award/</guid><description>&lt;p&gt;Winning a dispute and collecting the money are two different things. People forget that, and it costs them.&lt;/p&gt;&#10;&lt;p&gt;A decision in your favor is just paper until you can force the other side to honor it.&lt;/p&gt;&#10;&lt;h2 id="what-enforceable-means"&gt;What &amp;ldquo;enforceable&amp;rdquo; means&lt;/h2&gt;&#10;&lt;p&gt;&amp;ldquo;Enforceable&amp;rdquo; means a court will back it up with real power if the loser won&amp;rsquo;t pay.&lt;/p&gt;&#10;&lt;p&gt;Say a neutral or an arbitrator decides the other side owes you $50,000. Great. But what if they just&amp;hellip; don&amp;rsquo;t pay? An enforceable decision lets you go to a court and say, &amp;ldquo;make them.&amp;rdquo; Then the court can do things like garnish their bank account or put a lien on their property.&lt;/p&gt;</description></item><item><title>The Real Cost Per Dispute (Add Up Everything, Not Just the Legal Bill)</title><link>https://www.justresolve.com/dictionary/cost-per-dispute/</link><pubDate>Mon, 13 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/cost-per-dispute/</guid><description>&lt;p&gt;When a business tallies up a dispute, it usually looks at one line: what the lawyer charged. That line is real. It&amp;rsquo;s also the smallest part of the story.&lt;/p&gt;&#10;&lt;p&gt;The true cost of a dispute has parts that never show up on any invoice. If you only count the legal bill, you&amp;rsquo;re undercounting, often by a lot. Let me lay out the whole thing.&lt;/p&gt;&#10;&lt;h2 id="the-part-you-can-see-the-legal-bill"&gt;The part you can see: the legal bill&lt;/h2&gt;&#10;&lt;p&gt;Start with the obvious. Legal fees.&lt;/p&gt;</description></item><item><title>Keeping a Dispute Private: Confidential Resolution Explained</title><link>https://www.justresolve.com/dictionary/confidential-private-resolution/</link><pubDate>Sun, 12 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/confidential-private-resolution/</guid><description>&lt;p&gt;When you sue someone, the fight becomes public. Anyone can read it. Most people don&amp;rsquo;t learn that until their dispute is already on the record.&lt;/p&gt;&#10;&lt;p&gt;As someone who has spent forty years in and out of courtrooms, I saw the surprise on people&amp;rsquo;s faces every time. Let me explain what &amp;ldquo;private&amp;rdquo; and &amp;ldquo;confidential&amp;rdquo; really mean, and how to keep a business dispute out of the public eye.&lt;/p&gt;&#10;&lt;h2 id="court-is-public-by-default"&gt;Court is public by default&lt;/h2&gt;&#10;&lt;p&gt;A courtroom is a public building, and a court file is a public document.&lt;/p&gt;</description></item><item><title>Time to Resolution: How Long Disputes Actually Take</title><link>https://www.justresolve.com/dictionary/time-to-resolution/</link><pubDate>Sat, 11 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/time-to-resolution/</guid><description>&lt;p&gt;Time is a cost. People forget that when they think about disputes. They focus on the money and skip the calendar.&lt;/p&gt;&#10;&lt;p&gt;But the calendar might be the bigger cost. A fight that eats two years of your attention isn&amp;rsquo;t cheap, even if the legal bill is modest. Let me walk through how long each path really takes.&lt;/p&gt;&#10;&lt;h2 id="a-full-lawsuit-two-to-three-years"&gt;A full lawsuit: two to three years&lt;/h2&gt;&#10;&lt;p&gt;If you sue and the case actually gets fought, plan on two to three years to a trial. Sometimes longer.&lt;/p&gt;</description></item><item><title>How to Save on Legal Costs Without Getting Burned</title><link>https://www.justresolve.com/dictionary/legal-cost-saving/</link><pubDate>Fri, 10 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/legal-cost-saving/</guid><description>&lt;p&gt;Most legal bills are bigger than they need to be. Not because lawyers are crooks, but because the way you&amp;rsquo;re billed rewards slow, careful, expensive work, and each side has to read and respond to everything the other side argues or does.&lt;/p&gt;&#10;&lt;p&gt;I know because I sent those bills for forty years. Let me show you where the money leaks, and which cheap shortcuts blow up in your face later.&lt;/p&gt;</description></item><item><title>How to Figure Out What a Lawsuit Will Really Cost You</title><link>https://www.justresolve.com/dictionary/cost-of-litigation-calculator/</link><pubDate>Thu, 09 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/cost-of-litigation-calculator/</guid><description>&lt;p&gt;Most people size up a lawsuit by asking one question: what will my lawyer charge? That&amp;rsquo;s the wrong question. Or at least, it&amp;rsquo;s only a third of the right one.&lt;/p&gt;&#10;&lt;p&gt;The legal bill is real, but it&amp;rsquo;s not the whole price. Let me give you a simple way to add up the true cost before you file.&lt;/p&gt;&#10;&lt;h2 id="start-with-the-legal-fees-but-as-a-range"&gt;Start with the legal fees, but as a range&lt;/h2&gt;&#10;&lt;p&gt;First, the obvious part. What the lawyer charges.&lt;/p&gt;</description></item><item><title>Do You Actually Need a Lawyer for This? (An Honest Answer)</title><link>https://www.justresolve.com/dictionary/do-you-need-a-lawyer/</link><pubDate>Wed, 08 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/do-you-need-a-lawyer/</guid><description>&lt;p&gt;Most people who call a lawyer don&amp;rsquo;t need one yet. Some don&amp;rsquo;t need one at all.&lt;/p&gt;&#10;&lt;p&gt;I can say that because I was a lawyer for forty years, and I watched it happen every week. Someone would come in scared, ready to pay, over a problem they could have handled with a phone call and a firm letter.&lt;/p&gt;&#10;&lt;p&gt;So let me give you the honest test. When do you really need a lawyer, and when are you just buying peace of mind at $400 an hour?&lt;/p&gt;</description></item><item><title>Hourly Legal Fees vs. a Flat Fee: The Difference in Your Wallet</title><link>https://www.justresolve.com/dictionary/legal-fees-vs-flat-fee/</link><pubDate>Tue, 07 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/legal-fees-vs-flat-fee/</guid><description>&lt;p&gt;There are two main ways to pay for help with a dispute. By the hour, or by the job. They sound close. They aren&amp;rsquo;t.&lt;/p&gt;&#10;&lt;p&gt;The gap between them is who carries the risk. That&amp;rsquo;s the whole thing. Let me show you.&lt;/p&gt;&#10;&lt;h2 id="how-hourly-billing-works"&gt;How hourly billing works&lt;/h2&gt;&#10;&lt;p&gt;With hourly billing, you pay for time. The lawyer tracks their hours and bills you for each one, often in six-minute pieces.&lt;/p&gt;&#10;&lt;p&gt;A common rate for a business lawyer runs $300 to $600 an hour. Senior lawyers in big markets charge more. The number on the invoice is that rate times the hours worked.&lt;/p&gt;</description></item><item><title>What a Dispute Investigation Is, and Why It Ends Disputes Faster</title><link>https://www.justresolve.com/dictionary/dispute-investigation/</link><pubDate>Mon, 06 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/dispute-investigation/</guid><description>&lt;p&gt;A dispute investigation is when one fair person digs into the facts of a fight, instead of two sides battling over them. It&amp;rsquo;s a different way to find the truth, and it&amp;rsquo;s faster.&lt;/p&gt;&#10;&lt;p&gt;Most people have never seen a dispute handled this way. They&amp;rsquo;ve only seen the courtroom version, where each side fights to control the story. The investigation flips that.&lt;/p&gt;&#10;&lt;p&gt;I spent forty years on the fighting side. Now I run investigations. Let me tell you why the second way ends things so much faster.&lt;/p&gt;</description></item><item><title>Fixed-Price Dispute Resolution: Knowing the Bill Before You Start</title><link>https://www.justresolve.com/dictionary/fixed-price-adr/</link><pubDate>Sun, 05 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/fixed-price-adr/</guid><description>&lt;p&gt;Here&amp;rsquo;s a strange fact about hiring a lawyer. You almost never know the price before you start.&lt;/p&gt;&#10;&lt;p&gt;You&amp;rsquo;d never buy a car that way. Or a roof. Or surgery, if you had any say. But with a legal fight, you sign up first and find out the cost later.&lt;/p&gt;&#10;&lt;p&gt;I did it that way for forty years. Let me tell you why it&amp;rsquo;s built like that, and why a fixed price is such a different thing.&lt;/p&gt;</description></item><item><title>How to Avoid Litigation: A Lawyer's Honest Advice</title><link>https://www.justresolve.com/dictionary/avoid-litigation/</link><pubDate>Sat, 04 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/avoid-litigation/</guid><description>&lt;p&gt;Litigation is the formal court process for settling a fight. Filing, discovery, motions, hearings, maybe a trial. It&amp;rsquo;s a machine, and once you&amp;rsquo;re in it, the machine sets the pace.&lt;/p&gt;&#10;&lt;p&gt;That&amp;rsquo;s the key thing to understand. Avoiding a lawsuit is about the other person. Avoiding litigation is about the process itself — a slow, grinding system that costs you whether you&amp;rsquo;re right or wrong.&lt;/p&gt;&#10;&lt;p&gt;I ran cases through that machine for forty years. Let me show you how it works, so you can see why staying out of it is usually the smart play.&lt;/p&gt;</description></item><item><title>NDAs and Confidentiality Agreements, in Plain English</title><link>https://www.justresolve.com/dictionary/confidentiality-agreement-nda/</link><pubDate>Fri, 03 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/confidentiality-agreement-nda/</guid><description>&lt;p&gt;An NDA is a promise to keep a secret, written down so a court can enforce it.&lt;/p&gt;&#10;&lt;p&gt;NDA stands for &amp;ldquo;non-disclosure agreement.&amp;rdquo; Some people call it a confidentiality agreement. Same thing. You&amp;rsquo;re agreeing not to share certain information.&lt;/p&gt;&#10;&lt;p&gt;Simple idea. People still sign them without reading. Let me walk you through the parts that matter.&lt;/p&gt;&#10;&lt;h2 id="what-it-actually-does"&gt;What it actually does&lt;/h2&gt;&#10;&lt;p&gt;Before you share something valuable, a secret recipe, a customer list, a business plan, you want the other side to promise not to spread it.&lt;/p&gt;</description></item><item><title>How to Avoid a Lawsuit When a Deal Goes Bad</title><link>https://www.justresolve.com/dictionary/avoid-lawsuit/</link><pubDate>Thu, 02 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/avoid-lawsuit/</guid><description>&lt;p&gt;Most lawsuits are avoidable. Not all. But most of the ones I saw over forty years didn&amp;rsquo;t have to happen.&lt;/p&gt;&#10;&lt;p&gt;A deal goes bad. Feelings get hot. Someone says &amp;ldquo;I&amp;rsquo;ll see you in court.&amp;rdquo; And a fight that a phone call could have fixed becomes a two-year war.&lt;/p&gt;&#10;&lt;p&gt;I&amp;rsquo;m going to tell you how to stop that, because I watched it play out hundreds of times and the pattern is always the same.&lt;/p&gt;</description></item><item><title>What 'Good Faith' Means in a Contract (and Why It Matters)</title><link>https://www.justresolve.com/dictionary/good-faith/</link><pubDate>Wed, 01 Jul 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/good-faith/</guid><description>&lt;p&gt;Good faith sounds soft. It has real teeth.&lt;/p&gt;&#10;&lt;p&gt;In a contract, good faith means playing fair. It means you don&amp;rsquo;t cheat, you don&amp;rsquo;t sandbag, and you don&amp;rsquo;t use the fine print to gut the deal you actually made. Courts take it seriously.&lt;/p&gt;&#10;&lt;p&gt;Let me show you what it really means, because it&amp;rsquo;s more concrete than it sounds.&lt;/p&gt;&#10;&lt;h2 id="the-plain-version"&gt;The plain version&lt;/h2&gt;&#10;&lt;p&gt;Almost every contract carries a hidden promise. It&amp;rsquo;s not written down, but the law reads it into the deal anyway. Lawyers call it the &amp;ldquo;implied covenant of good faith and fair dealing.&amp;rdquo; That&amp;rsquo;s a mouthful, so drop the fancy words.&lt;/p&gt;</description></item><item><title>Small Claims Court: What It's Good For and Where It Stops</title><link>https://www.justresolve.com/dictionary/small-claims-court/</link><pubDate>Tue, 30 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/small-claims-court/</guid><description>&lt;p&gt;Small claims court is the one corner of the legal system that actually works for normal people.&lt;/p&gt;&#10;&lt;p&gt;I mean that. After forty years in the big courts, I still respect small claims. It&amp;rsquo;s cheap, it&amp;rsquo;s fast, and you don&amp;rsquo;t need a lawyer. That&amp;rsquo;s rare.&lt;/p&gt;&#10;&lt;p&gt;But it has a hard ceiling, and most business disputes hit it. Let me walk you through both parts.&lt;/p&gt;&#10;&lt;h2 id="what-it-is"&gt;What it is&lt;/h2&gt;&#10;&lt;p&gt;Small claims court is a simplified court for small money fights. You file for a small fee, often $30 to $100. You show up. You tell your story to a judge in plain language. The judge decides.&lt;/p&gt;</description></item><item><title>What a Settlement Really Is (and Why Most Cases End in One)</title><link>https://www.justresolve.com/dictionary/what-is-settlement/</link><pubDate>Tue, 30 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-settlement/</guid><description>&lt;p&gt;A settlement is a deal to stop fighting. Both sides agree on a number, one pays the other, and the case ends. No verdict, no winner announced.&lt;/p&gt;&#10;&lt;p&gt;Here&amp;rsquo;s the part that should change how you think about lawsuits: almost every case ends this way. Not with a dramatic trial. With a deal.&lt;/p&gt;&#10;&lt;p&gt;I settled hundreds of cases in forty years. Let me tell you what a settlement really is, and why waiting so long to reach one is the costly mistake.&lt;/p&gt;</description></item><item><title>Liability, Explained: Who Owes What, and Why</title><link>https://www.justresolve.com/dictionary/what-is-liability/</link><pubDate>Mon, 29 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-liability/</guid><description>&lt;p&gt;Liability is a heavy word for a simple idea. It means being on the hook.&lt;/p&gt;&#10;&lt;p&gt;If you&amp;rsquo;re liable for something, you&amp;rsquo;re legally responsible for it. If harm happened and it&amp;rsquo;s your fault under the law, you may have to pay for it. That&amp;rsquo;s liability.&lt;/p&gt;&#10;&lt;p&gt;The word sounds scary. The idea isn&amp;rsquo;t. Let me break it down.&lt;/p&gt;&#10;&lt;h2 id="two-questions-hide-inside-every-dispute"&gt;Two questions hide inside every dispute&lt;/h2&gt;&#10;&lt;p&gt;Almost every fight I&amp;rsquo;ve seen splits into two separate questions. People blur them together, and that&amp;rsquo;s a mistake.&lt;/p&gt;</description></item><item><title>What Is Discovery, and Why It Makes Lawsuits So Expensive</title><link>https://www.justresolve.com/dictionary/what-is-discovery/</link><pubDate>Sun, 28 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-discovery/</guid><description>&lt;p&gt;Discovery is the part of a lawsuit where each side has to hand over its documents and answer the other side&amp;rsquo;s questions. It sounds boring. It&amp;rsquo;s where most of your money goes.&lt;/p&gt;&#10;&lt;p&gt;If you&amp;rsquo;ve heard a lawsuit costs a fortune and takes forever, discovery is the main reason. Not the trial. The trial is a few days. Discovery is the year before it.&lt;/p&gt;&#10;&lt;p&gt;I ran discovery on both sides for forty years. Let me show you where the money actually goes.&lt;/p&gt;</description></item><item><title>What 'Damages' Means, and How They're Actually Calculated</title><link>https://www.justresolve.com/dictionary/what-are-damages/</link><pubDate>Sat, 27 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-are-damages/</guid><description>&lt;p&gt;Damages is just the legal word for money.&lt;/p&gt;&#10;&lt;p&gt;More exactly, it&amp;rsquo;s the money one side owes the other to make up for harm. If someone breaks a contract and it costs you, the money they owe to fix that is called damages.&lt;/p&gt;&#10;&lt;p&gt;The idea is simple. The number is where it gets hard.&lt;/p&gt;&#10;&lt;h2 id="the-goal-behind-the-number"&gt;The goal behind the number&lt;/h2&gt;&#10;&lt;p&gt;Courts have one main aim with damages. Put you back where you&amp;rsquo;d have been if the other side had kept their promise.&lt;/p&gt;</description></item><item><title>Breach of Contract, Explained Without the Legalese</title><link>https://www.justresolve.com/dictionary/breach-of-contract/</link><pubDate>Fri, 26 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/breach-of-contract/</guid><description>&lt;p&gt;A breach of contract means someone broke a promise they put in writing. That&amp;rsquo;s the whole idea. Everything else is detail.&lt;/p&gt;&#10;&lt;p&gt;A contract is just a deal both sides agreed to. When one side doesn&amp;rsquo;t do what they agreed, that&amp;rsquo;s a breach. A break.&lt;/p&gt;&#10;&lt;p&gt;I litigated these for forty years. Let me strip the legalese off it, because underneath it&amp;rsquo;s simple.&lt;/p&gt;&#10;&lt;h2 id="the-four-things-you-have-to-show"&gt;The four things you have to show&lt;/h2&gt;&#10;&lt;p&gt;To win a breach case, you have to show four plain things. Lawyers dress these up. Here they are in normal words.&lt;/p&gt;</description></item><item><title>The Dispute Resolution Clause: The Most Important Paragraph You Never Read</title><link>https://www.justresolve.com/dictionary/dispute-resolution-clause/</link><pubDate>Thu, 25 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/dispute-resolution-clause/</guid><description>&lt;p&gt;Every contract has one paragraph that decides how a future fight gets handled.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s called the dispute resolution clause. It&amp;rsquo;s near the end, it&amp;rsquo;s dull, and it can save you a year of your life. Almost nobody reads it.&lt;/p&gt;&#10;&lt;p&gt;Read it. Here&amp;rsquo;s how.&lt;/p&gt;&#10;&lt;h2 id="what-it-is"&gt;What it is&lt;/h2&gt;&#10;&lt;p&gt;A dispute resolution clause is the part of a contract that spells out what happens if the two sides disagree.&lt;/p&gt;&#10;&lt;p&gt;Not what you&amp;rsquo;re buying. Not the price. Just this: when things go wrong, what do we do about it?&lt;/p&gt;</description></item><item><title>Commercial Disputes: What They Are and How They Usually End</title><link>https://www.justresolve.com/dictionary/commercial-dispute/</link><pubDate>Wed, 24 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/commercial-dispute/</guid><description>&lt;p&gt;A commercial dispute is a fight between businesses over money or a deal. &amp;ldquo;Commercial&amp;rdquo; just means business. Don&amp;rsquo;t let the word scare you.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s the same thing as a &lt;a href="./dictionary/business-dispute/"&gt;business dispute&lt;/a&gt;. Lawyers use &amp;ldquo;commercial&amp;rdquo; when they want it to sound weightier, or when the numbers get bigger.&lt;/p&gt;&#10;&lt;p&gt;I&amp;rsquo;ve handled these for four decades. Let me tell you how they really end. Not how the courtroom drama makes it look.&lt;/p&gt;&#10;&lt;h2 id="what-they-are"&gt;What they are&lt;/h2&gt;&#10;&lt;p&gt;A commercial dispute is any legal fight tied to doing business. Buying, selling, building, supplying, partnering.&lt;/p&gt;</description></item><item><title>The Arbitration Clause in Your Contract: Read It Before You Sign</title><link>https://www.justresolve.com/dictionary/arbitration-clause/</link><pubDate>Tue, 23 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/arbitration-clause/</guid><description>&lt;p&gt;There&amp;rsquo;s a paragraph in most contracts that quietly signs away your right to a courtroom.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s called the arbitration clause. Most people never read it. Then a dispute comes up, they go to file a lawsuit, and their lawyer says, &amp;ldquo;You can&amp;rsquo;t. You agreed to arbitration.&amp;rdquo;&lt;/p&gt;&#10;&lt;p&gt;Let me show you what that paragraph does before you sign the next one.&lt;/p&gt;&#10;&lt;h2 id="what-it-says"&gt;What it says&lt;/h2&gt;&#10;&lt;p&gt;Arbitration is a private version of a trial. Instead of a public judge, you hire a private decision-maker called an arbitrator to hear your fight and make a call.&lt;/p&gt;</description></item><item><title>What Counts as a Business Dispute (and What to Do First)</title><link>https://www.justresolve.com/dictionary/business-dispute/</link><pubDate>Mon, 22 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/business-dispute/</guid><description>&lt;p&gt;A business dispute is a fight over money or a broken promise between two companies. That&amp;rsquo;s it. No magic to the term.&lt;/p&gt;&#10;&lt;p&gt;It sounds bigger than it is. Lawyers like it that way. But most of these fights are simple at the core.&lt;/p&gt;&#10;&lt;p&gt;I spent forty years litigating these cases. Let me tell you what they really are, and the first move that saves you the most pain.&lt;/p&gt;&#10;&lt;h2 id="what-actually-counts"&gt;What actually counts&lt;/h2&gt;&#10;&lt;p&gt;A business dispute is any disagreement between businesses about a deal. One side thinks the other didn&amp;rsquo;t hold up its end.&lt;/p&gt;</description></item><item><title>Private Judge, or 'Rent-a-Judge': What It Is and What It Costs</title><link>https://www.justresolve.com/dictionary/private-judge-rent-a-judge/</link><pubDate>Sun, 21 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/private-judge-rent-a-judge/</guid><description>&lt;p&gt;In some states, you can hire a judge. A real one.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s called a &amp;ldquo;private judge,&amp;rdquo; or &amp;ldquo;rent-a-judge&amp;rdquo; if you want the blunt version. You pay a retired judge to decide your case in private, and in the right state, their decision counts almost like a real court ruling.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s real. It&amp;rsquo;s legal. And it isn&amp;rsquo;t cheap.&lt;/p&gt;&#10;&lt;h2 id="how-it-works"&gt;How it works&lt;/h2&gt;&#10;&lt;p&gt;A private judge is usually a retired or former judge who now takes cases for pay. You and the other side agree to use them instead of going to public court.&lt;/p&gt;</description></item><item><title>Arbitration Award, Clause, and Agreement: Three Words You Should Understand</title><link>https://www.justresolve.com/dictionary/arbitration-award-clause-agreement/</link><pubDate>Sat, 20 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/arbitration-award-clause-agreement/</guid><description>&lt;p&gt;Three arbitration words trip people up all the time: award, clause, and agreement. They sound similar. They mean very different things. Mixing them up can cost you.&lt;/p&gt;&#10;&lt;p&gt;Arbitration is a private version of a trial. Instead of a public judge, you hire a private decision-maker, an arbitrator, to hear your fight and decide. These three words are the moving parts around that. Let me take them one at a time.&lt;/p&gt;</description></item><item><title>What an Ombudsman Does, in Plain English</title><link>https://www.justresolve.com/dictionary/ombudsman/</link><pubDate>Fri, 19 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/ombudsman/</guid><description>&lt;p&gt;An ombudsman is a strange old word for a simple job.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s a neutral person inside an organization whose whole job is to hear complaints and help fix them. Neutral means they don&amp;rsquo;t take the company&amp;rsquo;s side or your side. They sit in the middle.&lt;/p&gt;&#10;&lt;p&gt;The word comes from Swedish. Don&amp;rsquo;t let it scare you. The idea is plain.&lt;/p&gt;&#10;&lt;h2 id="what-they-actually-do"&gt;What they actually do&lt;/h2&gt;&#10;&lt;p&gt;Say you have a problem with a big company, a university, or a government office. Normally you&amp;rsquo;d file a formal complaint, and that&amp;rsquo;s slow and cold.&lt;/p&gt;</description></item><item><title>Binding vs. Non-Binding: What It Really Means When You Settle a Dispute</title><link>https://www.justresolve.com/dictionary/binding-vs-non-binding/</link><pubDate>Thu, 18 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/binding-vs-non-binding/</guid><description>&lt;p&gt;Two words decide how much risk you&amp;rsquo;re taking in any dispute process: binding and non-binding. Get them backwards and you can get badly surprised.&lt;/p&gt;&#10;&lt;p&gt;Binding means the decision is final and a court will enforce it. Non-binding means it&amp;rsquo;s only a deal if you agree to it. That&amp;rsquo;s the whole thing. But the gap between them is huge, so let me make it real.&lt;/p&gt;&#10;&lt;h2 id="binding-in-plain-words"&gt;Binding, in plain words&lt;/h2&gt;&#10;&lt;p&gt;Binding means you&amp;rsquo;re stuck with the result, even if you hate it.&lt;/p&gt;</description></item><item><title>Facilitated Negotiation: A Referee for Your Conversation</title><link>https://www.justresolve.com/dictionary/facilitated-negotiation/</link><pubDate>Wed, 17 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/facilitated-negotiation/</guid><description>&lt;p&gt;Sometimes a deal isn&amp;rsquo;t stuck over money. It&amp;rsquo;s stuck because two people stopped being able to talk to each other.&lt;/p&gt;&#10;&lt;p&gt;Facilitated negotiation is the fix for that. You bring in a neutral person to run the conversation. Not to decide who&amp;rsquo;s right. Just to keep the talk on track.&lt;/p&gt;&#10;&lt;p&gt;Think of it as a referee for a conversation.&lt;/p&gt;&#10;&lt;h2 id="what-it-actually-is"&gt;What it actually is&lt;/h2&gt;&#10;&lt;p&gt;A &amp;ldquo;facilitator&amp;rdquo; is a neutral third person. Neutral means they&amp;rsquo;re not on your side or the other side.&lt;/p&gt;</description></item><item><title>What Is Conciliation, and How Is It Different From Mediation?</title><link>https://www.justresolve.com/dictionary/what-is-conciliation/</link><pubDate>Tue, 16 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-conciliation/</guid><description>&lt;p&gt;Conciliation is mediation with a more hands-on helper. Same basic idea: a neutral tries to help two sides settle. The difference is how active that neutral gets.&lt;/p&gt;&#10;&lt;p&gt;A neutral is a fair person who isn&amp;rsquo;t on either side. In both mediation and conciliation, they help you reach a deal instead of deciding for you. So why two words? Let me untangle it.&lt;/p&gt;&#10;&lt;h2 id="the-core-difference"&gt;The core difference&lt;/h2&gt;&#10;&lt;p&gt;In mediation, the neutral mostly guides. They ask questions, carry offers between rooms, and help you find your own middle. They usually don&amp;rsquo;t say &amp;ldquo;here&amp;rsquo;s what I think you should do.&amp;rdquo;&lt;/p&gt;</description></item><item><title>Early Neutral Evaluation: Getting a Straight Answer Before You Litigate</title><link>https://www.justresolve.com/dictionary/early-neutral-evaluation/</link><pubDate>Mon, 15 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/early-neutral-evaluation/</guid><description>&lt;p&gt;Before you spend a year and a fortune fighting, you can just ask an expert how strong your case really is. That&amp;rsquo;s early neutral evaluation.&lt;/p&gt;&#10;&lt;p&gt;It&amp;rsquo;s one of the most useful tools I know, and hardly anyone outside my field has heard of it. Let me explain what it is and why a straight answer early can save you so much.&lt;/p&gt;&#10;&lt;h2 id="what-it-is"&gt;What it is&lt;/h2&gt;&#10;&lt;p&gt;Early neutral evaluation, or ENE, is a reality check from a fair expert, done near the start of a dispute.&lt;/p&gt;</description></item><item><title>What Is Mediation? A Plain-English Guide</title><link>https://www.justresolve.com/dictionary/what-is-mediation/</link><pubDate>Sun, 14 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-mediation/</guid><description>&lt;p&gt;Mediation is a guided conversation. A neutral helper sits with both sides and helps them reach their own deal.&lt;/p&gt;&#10;&lt;p&gt;The key word is &amp;ldquo;helper.&amp;rdquo; A mediator can&amp;rsquo;t decide anything. They can&amp;rsquo;t force you. They just guide you toward a deal you both choose.&lt;/p&gt;&#10;&lt;p&gt;I&amp;rsquo;ve sat in a lot of these, on both sides. Let me give you the plain version, including where it works and where it doesn&amp;rsquo;t.&lt;/p&gt;&#10;&lt;h2 id="how-it-actually-works"&gt;How it actually works&lt;/h2&gt;&#10;&lt;p&gt;Both sides show up, usually with their lawyers. The mediator is the neutral in the middle. Neutral means they&amp;rsquo;re not on either side. Their only job is to help you land a deal.&lt;/p&gt;</description></item><item><title>What Is Online Dispute Resolution (ODR)?</title><link>https://www.justresolve.com/dictionary/online-dispute-resolution/</link><pubDate>Sat, 13 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/online-dispute-resolution/</guid><description>&lt;p&gt;Online dispute resolution is settling a fight over the internet instead of in a room. People shorten it to ODR.&lt;/p&gt;&#10;&lt;p&gt;That&amp;rsquo;s the whole idea. Same goal as always, which is ending a dispute, but the meetings, the documents, and sometimes the decision all happen online. Let me show you what it looks like and where it actually helps.&lt;/p&gt;&#10;&lt;h2 id="what-it-looks-like"&gt;What it looks like&lt;/h2&gt;&#10;&lt;p&gt;You&amp;rsquo;ve probably already used a simple version and didn&amp;rsquo;t call it that.&lt;/p&gt;</description></item><item><title>What Is Alternative Dispute Resolution (ADR)?</title><link>https://www.justresolve.com/dictionary/what-is-alternative-dispute-resolution/</link><pubDate>Fri, 12 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-alternative-dispute-resolution/</guid><description>&lt;p&gt;Alternative dispute resolution, or ADR, is a fancy name for a simple idea. ADR is a way to settle a dispute outside of court and without a lawsuit.&lt;/p&gt;&#10;&lt;p&gt;That&amp;rsquo;s it. &amp;ldquo;Alternative&amp;rdquo; means an alternative to court. &amp;ldquo;Dispute&amp;rdquo; means a fight. &amp;ldquo;Resolution&amp;rdquo; means ending it. Put it together: ways to end a fight without a courtroom.&lt;/p&gt;&#10;&lt;p&gt;I worked in courtrooms for years. Now I work in the ADR space. Let me break down ADR a little further.&lt;/p&gt;</description></item><item><title>Fast-Track Arbitration: What 'Expedited' Really Buys You</title><link>https://www.justresolve.com/dictionary/fast-track-arbitration/</link><pubDate>Thu, 11 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/fast-track-arbitration/</guid><description>&lt;p&gt;Fast-track arbitration is regular arbitration with the slow parts trimmed off. The word for it is &amp;ldquo;expedited,&amp;rdquo; which just means sped up.&lt;/p&gt;&#10;&lt;p&gt;I&amp;rsquo;ve run these. They are faster than the full version. But &amp;ldquo;faster&amp;rdquo; is a relative word, and the brochure leaves out what you give up to get the speed. Here&amp;rsquo;s the honest version.&lt;/p&gt;&#10;&lt;h2 id="what-it-is"&gt;What it is&lt;/h2&gt;&#10;&lt;p&gt;Arbitration is a private trial. Instead of a public judge, you hire a private decision-maker, the arbitrator, to hear the fight and rule. Fast-track is the stripped-down model of that.&lt;/p&gt;</description></item><item><title>Choose, Investigate, Resolve: The Three-Step Way to End a Dispute</title><link>https://www.justresolve.com/dictionary/three-step-resolution-process/</link><pubDate>Wed, 10 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/three-step-resolution-process/</guid><description>&lt;p&gt;Ending a business dispute doesn&amp;rsquo;t take two years. It takes three steps.&lt;/p&gt;&#10;&lt;p&gt;I know that sounds too simple. I spent forty years as a litigator making it complicated. So let me walk you through the plain version. The three steps are Choose, Investigate, Resolve.&lt;/p&gt;&#10;&lt;h2 id="step-one-choose"&gt;Step one: Choose&lt;/h2&gt;&#10;&lt;p&gt;First, both sides pick one neutral. A neutral is a fair expert who isn&amp;rsquo;t on either side. Their job is to look at data and facts from the dispute and make a fair decision.&lt;/p&gt;</description></item><item><title>Med-Arb and Arb-Med: Two Hybrids, Explained Simply</title><link>https://www.justresolve.com/dictionary/med-arb-and-arb-med/</link><pubDate>Tue, 09 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/med-arb-and-arb-med/</guid><description>&lt;p&gt;Med-arb and arb-med are two of the ugliest names in my whole field. The ideas behind them are actually simple.&lt;/p&gt;&#10;&lt;p&gt;Both are mash-ups of two things you may already know. Let me define those two things first, then show you how each hybrid glues them together.&lt;/p&gt;&#10;&lt;h2 id="the-two-parts"&gt;The two parts&lt;/h2&gt;&#10;&lt;p&gt;&lt;strong&gt;Mediation&lt;/strong&gt; is a guided conversation. A neutral person, the mediator, helps both sides talk and try to reach a deal on their own. The mediator can&amp;rsquo;t force anything. If you don&amp;rsquo;t agree, you walk away with nothing decided. More in &lt;a href="./dictionary/what-is-mediation/"&gt;what is mediation&lt;/a&gt;.&lt;/p&gt;</description></item><item><title>The Cure for the Common Lawsuit</title><link>https://www.justresolve.com/dictionary/cure-for-the-common-lawsuit/</link><pubDate>Mon, 08 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/cure-for-the-common-lawsuit/</guid><description>&lt;p&gt;Most business lawsuits are like a common cold. Painful, slow, and you mostly just wait them out. And like a cold, the &amp;ldquo;cure&amp;rdquo; you buy often costs more than the problem.&lt;/p&gt;&#10;&lt;p&gt;I say this as someone who sold that cure for forty years. I was a litigator. That means a lawyer who fights cases in court. I was good at it. That&amp;rsquo;s why I can tell you the truth about it.&lt;/p&gt;</description></item><item><title>Collaborative Investigation: Solving a Dispute by Looking at the Facts Together</title><link>https://www.justresolve.com/dictionary/collaborative-investigation/</link><pubDate>Sun, 07 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/collaborative-investigation/</guid><description>&lt;p&gt;A collaborative investigation is when both sides in a dispute look at the same facts together, instead of fighting over them. It sounds simple. It&amp;rsquo;s also the fastest way I know to end a business dispute.&lt;/p&gt;&#10;&lt;p&gt;Most disputes aren&amp;rsquo;t really about the facts. They&amp;rsquo;re about each side seeing a different slice of them. Put both slices on one table and the fight just might end.&lt;/p&gt;&#10;&lt;p&gt;I spent forty years watching sides hide the ball from each other. Now I do the opposite. Let me show you why it works.&lt;/p&gt;</description></item><item><title>What a Neutral Arbiter Is (and Why One Beats Two Lawyers)</title><link>https://www.justresolve.com/dictionary/neutral-arbiter/</link><pubDate>Sat, 06 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/neutral-arbiter/</guid><description>&lt;p&gt;A neutral arbiter is a fair person who investigates and decides your dispute. Not your side. Not their side. One person both sides trust to get it right.&lt;/p&gt;&#10;&lt;p&gt;I spent forty years as a lawyer paid to fight for one team. So I know exactly what the other model looks like. Let me show you why one neutral beats two of us lawyers almost every time.&lt;/p&gt;&#10;&lt;h2 id="what-arbiter-and-neutral-mean"&gt;What &amp;ldquo;arbiter&amp;rdquo; and &amp;ldquo;neutral&amp;rdquo; mean&lt;/h2&gt;&#10;&lt;p&gt;An arbiter is someone who has the right experience to investigate and settle a fight. Same idea as a referee or judge. They hear both sides and make a call.&lt;/p&gt;</description></item><item><title>What a Notice of Dispute Is, and How to Write One</title><link>https://www.justresolve.com/dictionary/notice-of-dispute/</link><pubDate>Fri, 05 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/notice-of-dispute/</guid><description>&lt;p&gt;A notice of dispute is a letter that says, in writing, &amp;ldquo;we have a problem, and here&amp;rsquo;s what it is.&amp;rdquo; That&amp;rsquo;s the whole thing. It&amp;rsquo;s the first formal step when a business deal goes wrong.&lt;/p&gt;&#10;&lt;p&gt;It sounds like a legal weapon. It isn&amp;rsquo;t. It&amp;rsquo;s a plain, honest letter. But writing it well can save you a lot of money later. Let me show you how.&lt;/p&gt;&#10;&lt;h2 id="why-it-exists"&gt;Why it exists&lt;/h2&gt;&#10;&lt;p&gt;A notice of dispute does two jobs.&lt;/p&gt;</description></item><item><title>What Is Arbitration? A Lawyer Explains It in Plain English</title><link>https://www.justresolve.com/dictionary/what-is-arbitration/</link><pubDate>Thu, 04 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/what-is-arbitration/</guid><description>&lt;p&gt;Arbitration is a private version of a trial. Instead of a judge and a courthouse, you hire a private decision-maker (often a retired judge), called an arbitrator, to hear your fight and make a call.&lt;/p&gt;&#10;&lt;p&gt;That&amp;rsquo;s the whole idea. You and the other side agree to skip the public court and let a hired expert decide instead.&lt;/p&gt;&#10;&lt;p&gt;I&amp;rsquo;ve done a lot of these, on both sides. Let me give you the honest version, not the brochure.&lt;/p&gt;</description></item><item><title>Commercial Landlord–Tenant Disputes, Explained</title><link>https://www.justresolve.com/dictionary/landlord-tenant-disputes/</link><pubDate>Wed, 03 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/landlord-tenant-disputes/</guid><description>&lt;p&gt;A business lease fight is not like an apartment fight. That surprises people, so let me start there.&lt;/p&gt;&#10;&lt;p&gt;When you rent an apartment, the law protects you. There are consumer rules, notice periods, limits on what a landlord can do. Those exist because a tenant and a landlord are not equals.&lt;/p&gt;&#10;&lt;p&gt;A commercial lease is different. That&amp;rsquo;s the lease a business signs for an office, a store, or a warehouse. The law treats both sides as grown-up businesses who can look out for themselves.&lt;/p&gt;</description></item><item><title>What Neutral-Driven Resolution Is, and Why I Stopped Filing Lawsuits</title><link>https://www.justresolve.com/dictionary/neutral-driven-resolution/</link><pubDate>Tue, 02 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/neutral-driven-resolution/</guid><description>&lt;p&gt;I&amp;rsquo;m a lawyer. For forty years I did what lawyers do. I filed cases. I defended cases. I fought. I billed by the hour.&lt;/p&gt;&#10;&lt;p&gt;I won a lot of them. I lost some too. And I watched something strange happen almost every time: Even the people who won walked away feeling like they lost.&lt;/p&gt;&#10;&lt;p&gt;Let me tell you why that happens. Then let me tell you what I do now instead. We call it Neutral-Driven Resolution (NDR for short). I&amp;rsquo;ll take those three words one at a time.&lt;/p&gt;</description></item><item><title>Payment and Invoice Disputes: When You Did the Work and Didn't Get Paid</title><link>https://www.justresolve.com/dictionary/payment-invoice-disputes/</link><pubDate>Mon, 01 Jun 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/dictionary/payment-invoice-disputes/</guid><description>&lt;p&gt;You did the work. You sent the bill. They won&amp;rsquo;t pay.&lt;/p&gt;&#10;&lt;p&gt;This is the most common business dispute there is. I&amp;rsquo;ve seen hundreds of them. And most of them are not really about the money being owed.&lt;/p&gt;&#10;&lt;p&gt;Let me explain what I mean.&lt;/p&gt;&#10;&lt;h2 id="whats-actually-going-on"&gt;What&amp;rsquo;s actually going on&lt;/h2&gt;&#10;&lt;p&gt;An invoice is just a bill for work you did. When someone won&amp;rsquo;t pay it, you assume they&amp;rsquo;re a deadbeat. Sometimes they are.&lt;/p&gt;</description></item><item><title>About Just Resolve</title><link>https://www.justresolve.com/about/</link><pubDate>Fri, 15 May 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/about/</guid><description>&lt;p&gt;Most commercial disputes do not belong in a courtroom. They cost too much,&#10;take too long, draw in too many lawyers, and corrode the relationships&#10;businesses depend on. &lt;strong&gt;Neutral-Driven Resolution (NDR)&lt;/strong&gt; is built for the&#10;disputes that fall between small-claims court and bet-the-company litigation&#10;— the ones with $10K to $500K at stake and no good way to resolve them&#10;without paying lawyers more than the dispute is worth.&lt;/p&gt;&#10;&lt;h2 id="what-we-do"&gt;What we do&lt;/h2&gt;&#10;&lt;p&gt;Just Resolve recruits and vets neutral arbiters, proposes them to parties in&#10;dispute, and manages a tightly scoped, three-step process that ends in a&#10;binding decision. We do not represent either side. The neutral works &lt;em&gt;for the&#10;resolution&lt;/em&gt;, not for the party that hired them.&lt;/p&gt;</description></item><item><title>Contact</title><link>https://www.justresolve.com/contact/</link><pubDate>Fri, 15 May 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/contact/</guid><description>&lt;p&gt;Our team answers email and phone within one business day.&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;Phone&lt;/strong&gt;: (408) 418-4636&#10;&lt;strong&gt;Address&lt;/strong&gt;: 84 W Santa Clara Street #700, San Jose, CA 95113&lt;/p&gt;&#10;&lt;p&gt;For an active dispute, please include the names of the parties, a one-line&#10;summary of the matter, and your estimate of the financial stakes. We will&#10;respond with next steps and a fixed-fee quote.&lt;/p&gt;</description></item><item><title>FAQ &amp; Advantages</title><link>https://www.justresolve.com/faq/</link><pubDate>Fri, 15 May 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/faq/</guid><description>&lt;h2 id="how-does-just-resolve-save-time-money-and-stress"&gt;How does Just Resolve save time, money, and stress?&lt;/h2&gt;&#10;&lt;p&gt;NDR uses a single neutral arbiter to investigate and decide your dispute.&#10;It eliminates the major drivers of cost in conventional litigation —&#10;discovery, trial preparation, briefing, formal pleadings, and evidentiary&#10;fights. Most matters resolve in three to seven weeks for a fixed fee.&lt;/p&gt;&#10;&lt;h2 id="what-is-a-limited-stakes-dispute"&gt;What is a &amp;ldquo;limited-stakes dispute&amp;rdquo;?&lt;/h2&gt;&#10;&lt;p&gt;A dispute in which the legal costs of a lawyer-driven adversarial process&#10;would consume most or all of the financial stakes. In practice, that is&#10;the range between small-claims cases and bet-the-company litigation —&#10;roughly &lt;strong&gt;$10,000 to $500,000&lt;/strong&gt;. Many conscientious lawyers discourage&#10;clients from litigating below $300,000 to $500,000 because they know the&#10;fees will eat the recovery.&lt;/p&gt;</description></item><item><title>Markets We Serve</title><link>https://www.justresolve.com/markets/</link><pubDate>Fri, 15 May 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/markets/</guid><description>&lt;h2 id="small-business"&gt;Small Business&lt;/h2&gt;&#10;&lt;p&gt;Specify Just Resolve in your contracts and get a free insurance policy&#10;against costly litigation. Stop trading valid claims for the cost of&#10;pursuing them. When negotiation fails, get fast, affordable, real justice.&lt;/p&gt;&#10;&lt;h2 id="construction"&gt;Construction&lt;/h2&gt;&#10;&lt;p&gt;Construction disputes cause cascading delays that destroy thin margins.&#10;Just Resolve cuts both the time and the bill — and lets you pre-select&#10;neutrals with specific subject-matter expertise. Two-tiered dispute clauses&#10;keep limited-stakes matters out of court while preserving litigation for&#10;the rare bet-the-company case.&lt;/p&gt;</description></item><item><title>Total Cost of Litigation Calculator</title><link>https://www.justresolve.com/cost-calculator/</link><pubDate>Fri, 15 May 2026 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/cost-calculator/</guid><description>&lt;p&gt;The Total Cost of Litigation (TCL) calculator is a fast, free tool that&#10;gives you a realistic estimate for any dispute with financial stakes&#10;between &lt;strong&gt;$10,000 and $2,000,000&lt;/strong&gt;.&lt;/p&gt;&#10;&lt;p&gt;It accounts for:&lt;/p&gt;&#10;&lt;ul&gt;&#10;&lt;li&gt;&lt;strong&gt;Forum&lt;/strong&gt; — jury trial, bench trial, or binding arbitration&lt;/li&gt;&#10;&lt;li&gt;&lt;strong&gt;Parties&lt;/strong&gt; — number of claimants and defendants&lt;/li&gt;&#10;&lt;li&gt;&lt;strong&gt;Claims and issues&lt;/strong&gt; — how many distinct legal theories are in play&lt;/li&gt;&#10;&lt;li&gt;&lt;strong&gt;Witnesses and documents&lt;/strong&gt; — the evidentiary footprint&lt;/li&gt;&#10;&lt;li&gt;&lt;strong&gt;Emotional intensity&lt;/strong&gt; — a real driver of cost&lt;/li&gt;&#10;&lt;li&gt;&lt;strong&gt;Expert testimony&lt;/strong&gt; — number of subject-matter areas&lt;/li&gt;&#10;&lt;/ul&gt;&#10;&lt;p&gt;The output is a range — low, likely, and high — so you can see what a&#10;realistic, an optimistic, and a worst-case version of the fight would&#10;look like before you start.&lt;/p&gt;</description></item><item><title>NDR on Demand: What Happens When a Contract Doesn’t Specify How a Dispute Will Be Resolved?</title><link>https://www.justresolve.com/newsroom/ndr-on-demand-what-happens-when-a-contract-doesnt-specify-how-a-dispute-will-be-resolved/</link><pubDate>Thu, 25 Aug 2022 16:22:40 +0000</pubDate><guid>https://www.justresolve.com/newsroom/ndr-on-demand-what-happens-when-a-contract-doesnt-specify-how-a-dispute-will-be-resolved/</guid><description>&lt;p&gt;The best way to deter threats of litigation and minimize the costs, duration, and distractions of resolving any dispute is to put a dispute resolution clause specifying NDR — Neutral-Driven Resolution — in all your contracts BEFORE there is a problem. That means that if a dispute should arise between a business and a contractor, supplier, or customer, NDR will be the already-agreed method of resolving it. It can be done simply and at the beginning of a relationship – a time when optimism and trust tend to be high and no one of good faith expects troublesome future disputes. The contract clause can read something like:  &lt;/p&gt;</description></item><item><title>They Said NDR Would Never Work. They Were Wrong.</title><link>https://www.justresolve.com/newsroom/they-said-ndr-would-never-work-they-were-wrong/</link><pubDate>Mon, 16 May 2022 01:44:26 +0000</pubDate><guid>https://www.justresolve.com/newsroom/they-said-ndr-would-never-work-they-were-wrong/</guid><description>&lt;p&gt;&lt;em&gt;Many people are surprised by how effective NDR can be.&lt;/em&gt;&lt;br&gt;&#10; &lt;br&gt;&#10;Since publishing my book and speaking at events about NDR (Neutral-Driven Resolution), I’ve often been asked a simple question: Does it work? And if it really does lower the costs and the time it takes to settle common disputes, why doesn’t everybody know about it? Why isn´t it like Starbucks — everywhere?&lt;br&gt;&#10; &lt;br&gt;&#10;The second part of the question is complicated, as I point out in Chapter Nine of my book &lt;a href="https://www.amazon.com/Just-Right-neutral-driven-resolution-American-ebook/dp/B09QH7C11Z/ref=sr_1_1?crid=3QCBLKIW8D3Q6&amp;amp;keywords=just&amp;#43;right&amp;#43;how&amp;#43;neutral-driven&amp;amp;qid=1651058506&amp;amp;sprefix=just&amp;#43;right%3A&amp;#43;how%2Caps%2C159&amp;amp;sr=8-1"&gt;&lt;em&gt;Just Right: How Neutral-Driven Resolution Can Close the Gap in American Civil Justice&lt;/em&gt;&lt;/a&gt;*. *Despite the many advantages it offers to consumers of legal services, NDR faces challenges to broad adoption because it’s a non-traditional, outside-the-box way to deal with common disputes. As with almost any innovation, the pull of the status quo is strong, and acceptance takes time. Put in the plainest words possible, NDR is very good for clients, but appears not to be so good for litigation attorneys (although lawyers can benefit from NDR as &lt;a href="https://justresolve2.wpengine.com/why-lawyers-should-like-neutral-driven-dispute-resolution/"&gt;I’ve written in past blogs&lt;/a&gt;).&lt;br&gt;&#10; &lt;br&gt;&#10;But as to the first question — does NDR really work — &lt;em&gt;&lt;strong&gt;the answer is absolutely yes!&lt;/strong&gt;&lt;/em&gt;&lt;/p&gt;</description></item><item><title>“Morgan Hill author releases new book”</title><link>https://www.justresolve.com/newsroom/morgan-hill-author-releases-new-book/</link><pubDate>Sat, 09 Apr 2022 12:01:09 +0000</pubDate><guid>https://www.justresolve.com/newsroom/morgan-hill-author-releases-new-book/</guid><description>&lt;p&gt;The Morgan Hill Times featured Rob’s new book in an article ahead of his “Meet the Author” night at Booksmart.&lt;/p&gt;&#10;&lt;p&gt;“Legal disputes and conflicts cost businesses billions of dollars a year in lawyers’ fees, lost productivity, time and aggravation. A new book by Morgan Hill author Robert Christopher proposes an innovative, faster and simpler way to settle common business and legal disputes without the huge costs and headaches of lengthy litigation or traditional alternative dispute resolution, according to a press release…”&lt;/p&gt;</description></item><item><title>Not All Disputes are Equal</title><link>https://www.justresolve.com/newsroom/not-all-disputes-are-equal/</link><pubDate>Thu, 07 Apr 2022 08:33:39 +0000</pubDate><guid>https://www.justresolve.com/newsroom/not-all-disputes-are-equal/</guid><description>&lt;p&gt;Not all business and legal disputes are alike, and not all of them can be resolved in the same way. In writing my book &lt;a href="https://www.amazon.com/Just-Right-neutral-driven-resolution-American/dp/B09R36PVKY/ref=sr_1_1?crid=1IOTEX8N1MTO2&amp;amp;keywords=just&amp;#43;right&amp;#43;how&amp;#43;neutral-driven&amp;amp;qid=1648812984&amp;amp;sprefix=Just&amp;#43;right&amp;#43;how%2Caps%2C223&amp;amp;sr=8-1"&gt;&lt;em&gt;Just Right: How Neutral-Driven Resolution Can Close the Gap in American Civil Justice&lt;/em&gt;&lt;/a&gt;&lt;em&gt;,&lt;/em&gt; it was important to distinguish the types of common disputes for which NDR is most suitable. &lt;/p&gt;&#10;&lt;p&gt;As readers of my blog (and my book) know, NDR – Neutral-Driven Resolution – has become my passion. I developed it to help solve a large and growing problem in resolving common business and other legal disputes: They simply cost way too much. In most limited stakes cases, both parties end up spending more in legal fees than they stand to gain by winning their case.&lt;/p&gt;</description></item><item><title>Just Right</title><link>https://www.justresolve.com/book/</link><pubDate>Thu, 24 Mar 2022 00:00:00 +0000</pubDate><guid>https://www.justresolve.com/book/</guid><description>&lt;p&gt;&lt;img src="./img/book-cover-just-right.png" alt="Cover of Just Right: How Neutral-Driven Resolution Can Close the Gap in American Civil Justice, by Robert Christopher"&gt;&lt;/p&gt;&#10;&lt;p&gt;After more than 40 years inside courtrooms, Rob Christopher wrote&#10;&lt;a href="https://www.amazon.com/Just-Right-neutral-driven-resolution-American-ebook/dp/B09QH7C11Z"&gt;&lt;em&gt;Just Right: How Neutral-Driven Resolution Can Close the Gap in American&#10;Civil Justice&lt;/em&gt;&lt;/a&gt;&#10;to make the case for a third option between expensive litigation and giving&#10;up. The book is half manifesto, half playbook — with case studies, sample&#10;contract language, and a clear-eyed look at when NDR is the right call and&#10;when it isn&amp;rsquo;t.&lt;/p&gt;</description></item><item><title>Press Release</title><link>https://www.justresolve.com/newsroom/press-release/</link><pubDate>Wed, 23 Mar 2022 09:45:59 +0000</pubDate><guid>https://www.justresolve.com/newsroom/press-release/</guid><description>&lt;p&gt;&lt;img src="./wp-uploads/2022/03/Screen-Shot-2022-03-23-at-19.43.29-300x93.png" alt=""&gt;&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;New Alternative Dispute Resolution Book Describes Innovative Method&lt;/strong&gt; **to Lower Costs, Aggravation of Business and Legal Disputes **&lt;/p&gt;&#10;&lt;p&gt;&lt;em&gt;A Neutral-Driven Resolution Process Saves Substantial Time, Money, Stress&lt;/em&gt;&lt;/p&gt;&#10;&lt;p&gt;&lt;img src="./wp-uploads/2022/03/Screen-Shot-2022-03-23-at-19.43.23-195x300.png" alt=""&gt;SAN JOSE, Calif., March 24, 2022 — Legal disputes and conflicts cost businesses billions of dollars a year in lawyers’ fees, lost productivity, time, and aggravation. A new book proposes an innovative, faster, and simpler way to settle common business and legal disputes without absurdly high costs and headaches of lengthy litigation or traditional alternative dispute resolution methods.&lt;/p&gt;</description></item><item><title>How could trying to recover a $47,000 bill end up costing $75,000 in legal fees?</title><link>https://www.justresolve.com/newsroom/how-could-trying-to-recover-a-47000-bill-end-up-costing-75000-in-legal-fees/</link><pubDate>Thu, 17 Feb 2022 03:22:20 +0000</pubDate><guid>https://www.justresolve.com/newsroom/how-could-trying-to-recover-a-47000-bill-end-up-costing-75000-in-legal-fees/</guid><description>&lt;p&gt;It sounds crazy, but it’s all too true: a limited-stakes dispute over $47,000 costing more than one-and-a-half times that in legal fees in a failed attempt to recover it. That might sound impossible, or worse, outright fraud. But it happens far too often.&lt;/p&gt;&#10;&lt;p&gt;It happened to me in a case I handled for a small family-owned animal testing lab. The lab was owed $47,000 from a pharmaceutical company that was refusing to pay. It was a case that was ripe for an alternative dispute resolution but instead fell into the trap of traditional legal jousting and costly adversarial wrangling.&lt;/p&gt;</description></item><item><title>Why Lawyers Should Like Neutral-Driven Dispute Resolution</title><link>https://www.justresolve.com/newsroom/why-lawyers-should-like-neutral-driven-dispute-resolution/</link><pubDate>Wed, 05 Jan 2022 10:20:34 +0000</pubDate><guid>https://www.justresolve.com/newsroom/why-lawyers-should-like-neutral-driven-dispute-resolution/</guid><description>&lt;h3 id="ndr--neutral-driven-dispute-resolution--is-a-less-costly-and-less-adversarial-way-to-settle-limited-stakes-business-disputes-its-driven-by-neutral-judges-peers-or-experts-agreed-upon-in-advance-by-both-parties-its-faster-more-affordable-and-more-collaborative-for-everyone-involved"&gt;&lt;strong&gt;NDR – Neutral-Driven Dispute Resolution – is a less costly and less adversarial way to settle limited-stakes business disputes. It’s driven by neutral judges, peers, or experts, agreed upon in advance by both parties. It’s faster, more affordable, and more collaborative for everyone involved.&lt;/strong&gt;&lt;/h3&gt;&#10;&lt;p&gt;So, as a lawyer, you may ask, “What’s in it for me?”&lt;/p&gt;&#10;&lt;p&gt;It’s true that NDR removes legal battles from the process of settling these types of disputes, which traditionally can often cost more in legal fees than the amount a business owner is trying to recover or defend. But that doesn’t mean lawyers should ignore NDR. There are many reasons why they should view NDR as another arrow in their quiver, a complementary tool to better serve clients facing common business disputes.&lt;/p&gt;</description></item><item><title>The ‘Just Right’ Way to Recover Bad Business Debts Without Going Broke</title><link>https://www.justresolve.com/newsroom/the-just-right-way-to-recover-bad-business-debts-without-going-broke/</link><pubDate>Fri, 26 Nov 2021 08:01:30 +0000</pubDate><guid>https://www.justresolve.com/newsroom/the-just-right-way-to-recover-bad-business-debts-without-going-broke/</guid><description>&lt;p&gt;If you run a small or medium size business, one of these days you’re going to have a dispute – with a client, a vendor, customer, or supplier. It will happen. Maybe someone refuses to pay you for the work you did or services you provided. Or they paid you with a check that bounced. Or the reverse ¬– you paid for work that was never completed or supplies that were never delivered.&lt;/p&gt;</description></item><item><title>Disagreements Happen: Resolution can be non-adversarial</title><link>https://www.justresolve.com/newsroom/disagreements-happen-resolution-can-be-non-adversarial/</link><pubDate>Tue, 28 Sep 2021 04:36:33 +0000</pubDate><guid>https://www.justresolve.com/newsroom/disagreements-happen-resolution-can-be-non-adversarial/</guid><description>&lt;h2 id="business-disputes-are-expected-to-grow-in-2021-2022-but-litigation-and-conventional-arbitration-can-be-poor-options-the-movement-toward-non-adversarial-dispute-resolution-is-gaining-momentum"&gt;&lt;strong&gt;Business disputes are expected to grow in 2021-2022, but litigation and conventional arbitration can be poor options. The movement toward non-adversarial dispute resolution is gaining momentum.&lt;/strong&gt;&lt;/h2&gt;&#10;&lt;p&gt;A 2021 survey of business owners and managers reported a higher frequency of disputes throughout 2020 primarily due to the Covid-19 pandemic and its unexpected disruption of normal business operations. Most of the increase in conflicts grew out of commercial and labor disputes that are expected to continue into 2022.&lt;/p&gt;</description></item><item><title>Just Resolve’s NDR Process v. Lawyers and Litigation</title><link>https://www.justresolve.com/newsroom/just-resolves-ndr-process-v-lawyers-and-litigation/</link><pubDate>Mon, 26 Jul 2021 07:48:56 +0000</pubDate><guid>https://www.justresolve.com/newsroom/just-resolves-ndr-process-v-lawyers-and-litigation/</guid><description>&lt;p&gt;The value of Just Resolve’s Neutral Driven Dispute Resolution (NDR) service is best illustrated by comparing the time and money required for the NDR process to lawyer-driven litigation. For limited stakes situations, the advantages of using NDR from Just Resolve stand out.&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;Just Resolve’s Goal is Resolution&lt;/strong&gt;&lt;/p&gt;&#10;&lt;p&gt;Just Resolve focuses all parties’ attention on resolving the dispute with as little disruption and hostility as possible. Since each party to a dispute agrees in advance to be bound by the NDR process, everyone has confidence in the fairness and integrity of the result. All relevant documents and supporting material are submitted to the mutually agreed upon arbiter who is selected based on their subject matter expertise in the field from which the dispute arises.&lt;/p&gt;</description></item><item><title>Important Clauses in a Contract</title><link>https://www.justresolve.com/newsroom/important-clauses-in-a-contract/</link><pubDate>Mon, 17 May 2021 01:16:05 +0000</pubDate><guid>https://www.justresolve.com/newsroom/important-clauses-in-a-contract/</guid><description>&lt;p&gt;In a world of rapid change, running a business is harder than ever before. While the pandemic slowed some activities, many business owners have seen acceleration in business disagreements. Business misunderstandings that grow into disputes and legal conflicts are very real things which can negatively impact your business. Whether it is the high lawyer costs from contract disputes, the loss of time, or the effect on employee relationships, legal disputes wreak havoc.&lt;/p&gt;</description></item><item><title>Defusing Disputes with Neutral-Driven Process Keeps You Out of Court</title><link>https://www.justresolve.com/newsroom/defusing-disputes/</link><pubDate>Fri, 12 Feb 2021 09:43:19 +0000</pubDate><guid>https://www.justresolve.com/newsroom/defusing-disputes/</guid><description>&lt;p&gt;Life moves quickly and businesses need to work hard to keep pace. Along the way, it is not uncommon for stressful legal issues to arise.&lt;/p&gt;&#10;&lt;p&gt;Whether conflicts come up internally or between businesses partners, clients or vendors, legal action is a far too common scenario. Unfortunately, it has become a trend to simply take any issue directly into the legal system, where time-consuming processes deliver costly, profit-stealing results.  Maybe that makes sense when stakes are high, but most disputes have limited stakes that can’t justify all those costs.  For the latter, there is a better way.&lt;/p&gt;</description></item><item><title>Comparing Cures for Covid Related Lawsuits</title><link>https://www.justresolve.com/newsroom/cure-covid-lawsuits/</link><pubDate>Thu, 21 May 2020 15:09:38 +0000</pubDate><guid>https://www.justresolve.com/newsroom/cure-covid-lawsuits/</guid><description>&lt;p&gt;It’s Covid Time.  None of us saw this coming.&lt;br&gt;&#10;Vacations, weddings, rent payments, jobs, and so much more, all thrown into chaos, and with that chaos comes uncertainty and disagreements.&lt;/p&gt;&#10;&lt;ul&gt;&#10;&lt;li&gt;I’ve made or received a deposit for an event, is a refund owed?&lt;/li&gt;&#10;&lt;li&gt;What rent is owed when a leased office can’t be used?&lt;/li&gt;&#10;&lt;li&gt;A project has been delayed or cancelled, who is on the hook?&lt;/li&gt;&#10;&lt;li&gt;What are the rights of tenants and landlords when payments are missed because of Covid?&lt;/li&gt;&#10;&lt;/ul&gt;&#10;&lt;p&gt;What if I’ve investigated a bit (or called a lawyer) and tried to work something out, but so far no luck?  What if the law says I’m right but civil court delays are going to stretch well into next year?  (And they are.)  What if the other side really thinks they’re right too, but not enough money is at stake to cover the costs of battling lawyers?  What if the other side is just a jerk who will use Covid Time to stall?  I’ve heard of arbitration, mediation and now “NDR” (neutral-driven resolution), but which should I use and when?  What makes the most sense during Covid Time?&lt;/p&gt;</description></item><item><title>Litigation Nightmares</title><link>https://www.justresolve.com/newsroom/book-excerpt-bill-dispute/</link><pubDate>Mon, 17 Feb 2020 09:13:11 +0000</pubDate><guid>https://www.justresolve.com/newsroom/book-excerpt-bill-dispute/</guid><description>&lt;p&gt;***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. ***&lt;/p&gt;&#10;&lt;p&gt;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.  In my experience, attorneys with this type personality combine a unique blend of ego, myopia, and self-interest that drives them to continue pushing an aggressive course of action well beyond the point where it should be obvious that things aren’t going as planned. In hindsight, I’m pretty sure that’s what happened here.&lt;/p&gt;</description></item><item><title>Why Litigate: When would you WANT to choose litigation?</title><link>https://www.justresolve.com/newsroom/article-when-would-you-want-to-choose-litigation/</link><pubDate>Tue, 12 Nov 2019 12:51:14 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-when-would-you-want-to-choose-litigation/</guid><description>&lt;p&gt;Why would you want to litigate? Previously, I wrote an article on reasons why you should &lt;a href="https://justresolve2.wpengine.com/article-5-tips-to-avoid-litigation/"&gt;avoid litigation&lt;/a&gt;. 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 any strategic insight into why a party might choose litigation to resolve a dispute. In my view, litigation may be the most strategic choice if you want to:&lt;/p&gt;</description></item><item><title>What Makes a Neutral a “Good” Neutral?</title><link>https://www.justresolve.com/newsroom/what-makes-a-neutral-a-good-neutral/</link><pubDate>Wed, 19 Dec 2018 22:24:50 +0000</pubDate><guid>https://www.justresolve.com/newsroom/what-makes-a-neutral-a-good-neutral/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;ol&gt;&#10;&lt;li&gt;Neutral – Disputing parties wanted to make sure that their decision maker had no conflicts of interest, that the neutral hadn’t worked with either party before, or if they had decided a dispute involving one of the parties in the past, that the circumstance and the details were disclosed before a neutral was chosen. Part of this neutrality criteria also included non-bias, which was mentioned over and over by survey respondents. They wanted to make sure that the neutral had not been employed, consulted for, or been an expert for either party.&lt;/li&gt;&#10;&lt;li&gt;Training – The second most important criteria mentioned was that the neutral had specific training, whether it was formal mediation or other dispute resolution training. If an arbitrator was used, the parties wanted this person to have had mediation training, as well as knowledge in the specific area of substantive law.&lt;/li&gt;&#10;&lt;li&gt;Knowledge – Knowing the area of law in dispute was of chief importance when choosing a neutral. I heard story after story where the arbitrator assigned to their dispute didn’t know the area of law that applied to the dispute – this concern ranged from not knowing it at all to having little experience in the requisite area of law.&lt;/li&gt;&#10;&lt;li&gt;Experience – When deeming a neutral “good,” two types of experience emerged as important. First, specific dispute resolution experience mattered; and second, industry-specific experience mattered. It boiled down to – does this neutral have experience deciding cases like mine.&lt;/li&gt;&#10;&lt;li&gt;Psychologically minded (people skills) – The soft skills around listening and being able to read people counted. Can the neutral hear or get to what is really at issue? Does one side really just want an apology, or do they actually want money or some specific action to be taken? Can the neutral get to the crux of the dispute notwithstanding the views being expressed?&lt;/li&gt;&#10;&lt;/ol&gt;&#10;&lt;p&gt;Stepping back to really understand what business people wanted when choosing a dispute resolution service boiled down to having a truly experienced, neutral decision maker. Effectiveness came down to being able to be proactive and to really listen to what is being said rather than taking everything at face value. Listening for understand and letting each person be heard went a long way to reach a high level of satisfaction with the neutral and the dispute resolution process itself.&lt;/p&gt;</description></item><item><title>The 5 Must Haves When Choosing a Dispute Resolution Service</title><link>https://www.justresolve.com/newsroom/the-5-must-haves-when-choosing-a-dispute-resolution-service/</link><pubDate>Tue, 19 Jun 2018 06:15:42 +0000</pubDate><guid>https://www.justresolve.com/newsroom/the-5-must-haves-when-choosing-a-dispute-resolution-service/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;p&gt;Neutrality&lt;br&gt;&#10;Whether you are using an arbitrator, a mediator, an arbiter, or a private judge, make sure the neutral is neutral. 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 is non-biased and neutral. Make sure that there is no conflict of interest between the neutral and any of the parties to the dispute.  Make sure that the neutral has no previous work experience with or for any of the parties; or if there is a past relationship of any kind that it is made known to all parties prior to the selection of that neutral. Make sure the neutral is non-biased as to the subject matter of the dispute. Although this last consideration may belong in the expertise category below, it seems to crop up in the context of neutrality the most. For example, if the person being considered as the neutral was an employment litigator and always represented corporations as the employer, employees in a dispute might not consider that candidate to be neutral as a decision maker in an employer/employee dispute. Making sure the neutral is neutral was the most common and important consideration in choosing a dispute resolution service.&lt;/p&gt;</description></item><item><title>Legal Innovation Trends: Are Law Firms Missing the Boat?</title><link>https://www.justresolve.com/newsroom/legal-innovation-trends/</link><pubDate>Thu, 10 Aug 2017 18:05:01 +0000</pubDate><guid>https://www.justresolve.com/newsroom/legal-innovation-trends/</guid><description>&lt;p&gt;This fourth and final installment in the series of articles on innovation in the legal field covers what innovations are happening. The prior articles focused on why &lt;a href="https://justresolve2.wpengine.com/wont-law-firms-innovate/"&gt;law firms&lt;/a&gt; aren’t innovating and what &lt;a href="https://justresolve2.wpengine.com/why-wont-in-house-counsel-force-their-law-firms-to-innovate/"&gt;in-house counsel&lt;/a&gt; can do to &lt;a href="https://justresolve2.wpengine.com/forcing-law-firms-innovate-first-get-inhouse-order/"&gt;inspire innovation&lt;/a&gt;. In reading these other articles, you might walk away with the thought that law firms are missing the “legal innovation” boat. But are they? In looking at what is happening in the legal industry, it seems that law firms &lt;em&gt;are&lt;/em&gt; doing a few things to change, but that the bulk of change is happening with other companies and service providers. Let’s see what’s out there…&lt;/p&gt;</description></item><item><title>Guy Kornblum – Insurance Expert</title><link>https://www.justresolve.com/newsroom/guy-kornblum-insurance-expert/</link><pubDate>Tue, 25 Jul 2017 17:16:22 +0000</pubDate><guid>https://www.justresolve.com/newsroom/guy-kornblum-insurance-expert/</guid><description>&lt;p&gt;By Guy Kornblum&lt;/p&gt;&#10;&lt;p&gt;I have a passion for dispute resolution.  It comes from my heritage – a dad who was a lawyer in the Midwest in the 50’s, 60’s and until he retired at 85 years old in the 1990’s.  He was a master negotiator, but at the same time a supreme diplomat.  His best friend – my Godfather – told me that Dad could tell someone to “go to hell” and they would walk away thinking they had just received the Congressional Medal of Honor.&lt;/p&gt;</description></item><item><title>Just What is NDR?</title><link>https://www.justresolve.com/newsroom/just-what-is-ndr/</link><pubDate>Fri, 21 Jul 2017 12:02:43 +0000</pubDate><guid>https://www.justresolve.com/newsroom/just-what-is-ndr/</guid><description>&lt;p&gt;As you know, what we do at Just Resolve is promote and facilitate &lt;em&gt;neutral-driven, non-adversarial&lt;/em&gt; ADR (“Alternative Dispute Resolution”) in legal disputes where legal and other related costs of litigation (and its popular alternatives) would otherwise consume the financial stakes over which the parties are fighting.&lt;/p&gt;&#10;&lt;p&gt;Neutral-driven ADR is exactly what its name implies, and could also be described just as accurately as Non-adversarial ADR. Either characterization is a mouthful, however, that doesn’t trickle off the tongue, might be confused with the other traditional ADR methods from which we proudly distinguish ourselves, and adds to word counts in every sentence we write about it.&lt;/p&gt;</description></item><item><title>Arbiter Tamara Pow Wins Women of Influence 2017 Award</title><link>https://www.justresolve.com/newsroom/arbiter-tamara-pow-wins-women-influence-2017-award/</link><pubDate>Tue, 30 May 2017 17:27:08 +0000</pubDate><guid>https://www.justresolve.com/newsroom/arbiter-tamara-pow-wins-women-influence-2017-award/</guid><description>&lt;p&gt;&lt;img src="./wp-uploads/2017/05/IMG_7023-300x300.jpg" alt=""&gt;Tamara Pow received a Women of Influence 2017 award from the Silicon Valley Business Journal last week and Rob and Sonya were fortunate enough to join this accomplished legal practitioner and Just Resolve Arbiter in this celebration.&lt;/p&gt;&#10;&lt;p&gt;Ms. Pow has a unique mix of business, tax, and real estate legal experience. She is a licensed attorney and real estate broker with an MBA. The legal practice she founded, Strategy Law, LLP, focuses on helping businesses negotiate deals and navigate the swirling rivers of legal compliance and conflict avoidance.&lt;/p&gt;</description></item><item><title>Forcing Law Firms to Innovate: First, Get Your (In)House in Order</title><link>https://www.justresolve.com/newsroom/forcing-law-firms-innovate-first-get-inhouse-order/</link><pubDate>Thu, 25 May 2017 12:48:54 +0000</pubDate><guid>https://www.justresolve.com/newsroom/forcing-law-firms-innovate-first-get-inhouse-order/</guid><description>&lt;p&gt;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 &lt;a href="https://justresolve2.wpengine.com/why-wont-in-house-counsel-force-their-law-firms-to-innovate/"&gt;prior article&lt;/a&gt; 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…”&lt;/p&gt;</description></item><item><title>What Mt. Kilimanjaro Taught Me About Business</title><link>https://www.justresolve.com/newsroom/13895-2/</link><pubDate>Mon, 20 Mar 2017 15:49:17 +0000</pubDate><guid>https://www.justresolve.com/newsroom/13895-2/</guid><description>&lt;h1&gt;&lt;strong&gt;&lt;img src="./wp-uploads/2017/03/Kili-Top-of-Uhuru-Peak-from-Karanga-Camp-300x225.jpg" alt=""&gt;&lt;/strong&gt;&lt;/h1&gt;&#10;&lt;p&gt;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 and my equally colossal workload back home. Obviously, climbing the highest mountain in Africa for six days (plus two days down) is incredibly different from my typical work week. But climbing 19,341 feet above sea level certainly makes a person think.&lt;/p&gt;</description></item><item><title>Why Won’t In-House Counsel Force Their Law Firms to Innovate?</title><link>https://www.justresolve.com/newsroom/why-wont-in-house-counsel-force-their-law-firms-to-innovate/</link><pubDate>Tue, 21 Feb 2017 13:01:33 +0000</pubDate><guid>https://www.justresolve.com/newsroom/why-wont-in-house-counsel-force-their-law-firms-to-innovate/</guid><description>&lt;p&gt;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 have no incentive or motivation to do so.” After a long conversation with that respondent, we likened it to Sisyphus pushing the rock uphill.&lt;/p&gt;</description></item><item><title>Why Won’t Law Firms Innovate?</title><link>https://www.justresolve.com/newsroom/wont-law-firms-innovate/</link><pubDate>Tue, 15 Nov 2016 23:35:21 +0000</pubDate><guid>https://www.justresolve.com/newsroom/wont-law-firms-innovate/</guid><description>&lt;p&gt;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 time and money could be better spent, but won’t make their law firm change because they believe they have no control or are uncertain and afraid.  Increasingly, however, some innovative law firm and dispute resolution business models have started to emerge, enticing clients to look elsewhere for certain legal services.&lt;/p&gt;</description></item><item><title>Arbiter Lance Descourouez Wins Vistage Cope Award</title><link>https://www.justresolve.com/newsroom/press-release-arbiter-lance-descourouez-wins-vistage-cope-award/</link><pubDate>Thu, 06 Oct 2016 18:32:10 +0000</pubDate><guid>https://www.justresolve.com/newsroom/press-release-arbiter-lance-descourouez-wins-vistage-cope-award/</guid><description>&lt;p&gt;&lt;strong&gt;&lt;a href="./wp-uploads/2016/10/JR-Full-Logo-cropped.jpg"&gt;&lt;img src="./wp-uploads/2016/10/JR-Full-Logo-cropped-300x78.jpg" alt="jr-full-logo-cropped"&gt;&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;Media Contact&lt;/strong&gt;&lt;br&gt;&#10;Jackie Flaten, for Just Resolve&lt;br&gt;&#10;650-468-6252  |  &lt;a href="mailto:jdflaten@gmail.com"&gt;jdflaten@gmail.com&lt;/a&gt;&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;FOR IMMEDIATE RELEASE&lt;/strong&gt;&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;Just Resolve’s Business Arbiter awarded Top Honor in Global Leadership Organization&lt;/strong&gt;&lt;/p&gt;&#10;&lt;p&gt;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&lt;/p&gt;&#10;&lt;p&gt;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 one of its arbiter panelists, Lance was named Vistage International’s Cope Award Winner. Descourouez recognized organizational consultant, executive coach, and training specialist who has worked in 42 countries across six continents.&lt;/p&gt;</description></item><item><title>Small Business</title><link>https://www.justresolve.com/newsroom/small-business/</link><pubDate>Wed, 14 Sep 2016 08:48:22 +0000</pubDate><guid>https://www.justresolve.com/newsroom/small-business/</guid><description>&lt;p&gt;Get back to business&lt;/p&gt;</description></item><item><title>Construction</title><link>https://www.justresolve.com/newsroom/construction/</link><pubDate>Wed, 14 Sep 2016 08:47:21 +0000</pubDate><guid>https://www.justresolve.com/newsroom/construction/</guid><description>&lt;p&gt;When time &amp;amp; margin matter most&lt;/p&gt;</description></item><item><title>Lawyers</title><link>https://www.justresolve.com/newsroom/lawyers/</link><pubDate>Wed, 14 Sep 2016 08:46:23 +0000</pubDate><guid>https://www.justresolve.com/newsroom/lawyers/</guid><description>&lt;p&gt;When costs consume stakes&lt;/p&gt;</description></item><item><title>Big Business</title><link>https://www.justresolve.com/newsroom/big-business/</link><pubDate>Wed, 14 Sep 2016 08:44:48 +0000</pubDate><guid>https://www.justresolve.com/newsroom/big-business/</guid><description>&lt;p&gt;For limited stakes disputes&lt;/p&gt;</description></item><item><title>Start-ups &amp; Investors</title><link>https://www.justresolve.com/newsroom/start-ups-investors/</link><pubDate>Wed, 14 Sep 2016 08:07:33 +0000</pubDate><guid>https://www.justresolve.com/newsroom/start-ups-investors/</guid><description>&lt;p&gt;When capital is precious&lt;/p&gt;</description></item><item><title>Employees</title><link>https://www.justresolve.com/newsroom/employees/</link><pubDate>Wed, 14 Sep 2016 08:07:13 +0000</pubDate><guid>https://www.justresolve.com/newsroom/employees/</guid><description>&lt;p&gt;Before problems become lawsuits&lt;/p&gt;</description></item><item><title>Proportionality in Dispute Resolution: Breathing Through Your Legal Downward Dog</title><link>https://www.justresolve.com/newsroom/proportionality-dispute-resolution-breathing-legal-downward-dog/</link><pubDate>Wed, 20 Jul 2016 22:31:14 +0000</pubDate><guid>https://www.justresolve.com/newsroom/proportionality-dispute-resolution-breathing-legal-downward-dog/</guid><description>&lt;p&gt;Some of us were not meant to be yogis. Downward Dog is more accurately Face-plant Dog for some people. Balance, right? Who knew it could be so difficult? Lately though, there’s been a great deal of chatter about finding balance. In fact, achieving balance appears to have surpassed many previously elevated goals such as making as much money as possible, maintaining triathlete level fitness standards, or even raising a first-chair-violin-and-home-run-hitting valedictorian. The renaissance of balance, of proportionality, means that we can look at our goals with a sense of perspective. How we get what we want becomes as important as getting what we want.&lt;br&gt;&#10;Proportionality in the law dates back as far as the existence of law. Hammurabi’s Code introduced the concept of an eye for an eye somewhere around 1754 BC. Fortunately, we’ve evolved from a literal sense of proportionality to a more figurative sense, letting the punishment fit the crime in other ways (death penalty cases aside). What we can take from this early example though is that proportionality has always been an essential element to the idea of justice. We want the scales of justice to be balanced or it doesn’t feel like justice.&lt;br&gt;&#10;The need for proportionality isn’t limited to eyes and criminal punishment. Whenever two sides seek resolution, there’s a win at stake. So there’s just as great a need for balance in so-called “civil” disputes with purely financial or property stakes – maybe even more need, since the consequences of losing usually don’t rise to maiming, imprisonment or death. For example, the 2015-revised Federal Rules of Civil Procedure now officially require proportionality in litigating civil cases. (FRCP 26(b).) The idea of crushing one’s adversaries with “fishing expedition” discovery so burdensome that they will beg mercy has lost traction to the idea that discovery proportional to the actual relief sought and “amount in controversy” is the guiding principle. Judge Paul W. Grimm of the US District Court in Maryland believes in the concept of proportionality so strongly that he has created a standing Discovery Order addressing the issue, which he enters into every case that appears before him. You will play nice in Judge Grimm’s sandbox.&lt;br&gt;&#10;Alternative dispute resolution (“ADR”) is a collection of alternatives to litigation whose raison d’etre is to strive for increased proportionality. If the stakes don’t warrant the many costs of a lawsuit, but defy a handshake, alternative dispute resolution is meant to fit the bill. Typical forms include arbitration (private judging) and mediation (facilitated negotiation). Less typical forms consist of neutral-driven, collaborative processes. The former rely heavily on the value of competing advocacy and are best-suited to higher stakes disputes, while the latter focus like lasers on efficient truth-seeking and so excel where stakes are limited. The fact that proportionality is important begs the question of why we want the scales to balance. What do we get from a proportionality-based approach to dispute resolution that makes it so important? How do parties benefit from keeping discovery and negotiation in parity with the available remedies?&lt;br&gt;&#10;First, and let’s get the obvious out the way, we save time and money, two things we value. When our values are shared, we feel validated and respected. We’re in accord on what’s important. Nothing is more frustrating than the feeling that your time and your money is being frittered away. It feels like disrespect. The rise of flat fee advocacy, of contingency fee structures, and alternative dispute resolution, stand as evidence that we want real value for our time and money. Keep in mind though, the parties’ desires for victory, and their commitment to either a proportional approach or scorched earth approach, greatly influence the ability of most dispute resolution processes to deliver such real value.&lt;br&gt;&#10;Second, when an already-aggrieved party is hit with an overly broad or disproportionally burdensome production request, a second wave of injustice, insult to injury, if you will, rolls in. I like to call it a “What the hell?” moment because that’s generally the initial reaction. Our natural sense of what is proportional in a dispute, our intellectual equilibrium, is thrown out of alignment when we receive an unbalanced request. We react negatively to perceived unfairness. Judge Grimm recognizes this in his Discovery Order by focusing Phase I discovery on facts that are most relevant to resolving the issue at hand. The wisdom of this approach lies in the philosophy that seeking resolution is why we’re here. Staying focused on resolution helps maintain proportionality and minimize “What the hell?” moments.&lt;br&gt;&#10;Finally, what we want from a resolution process requires looking panoramically at the situation, beyond a narrowly defined sense of “win or lose.” Was the price of a pyrrhic victory so high that, even beyond time and money, relationships and reputations were sacrificed? Sure, someone may walk away with the trophy, but what was sacrificed for that piece of chrome-plated plastic? Just like the action figure topping the five-inch wood-like pillar, the victory is a hollow one. Conversely, was the resolution so one-sided the “winner” finds himself or herself with pangs of conscience that the win came too easily, was too generous, or ultimately unjust? When parties negotiate to punish instead of resolve they risk creating toxic ill will that leaks beyond the dispute and into other arenas. Focusing resolution efforts in a proportional way, making sure that the methods we pursue and the stances we take are in balance with the available remedies at the time of resolution, allows all parties to walk away from the dispute resolution process with a sense of justice served.&lt;br&gt;&#10;Therefore, yes, proportionality is important – nay crucial – to the pursuit of justice. Fortunately, dispute resolution achieved with a proportionality-minded approach doesn’t have to be as headache-inducing as holding that Downward Dog pose. By maintaining perspective and focus on the net resolution instead of overwhelming the opposition through process, a just result can be achieved without the strain of protracted conflict. Like yoga though, proportionality is best achieved with practice, guidance, and the right approach.&lt;/p&gt;</description></item><item><title>What’s in it for Them?</title><link>https://www.justresolve.com/newsroom/whats-in-it-for-them/</link><pubDate>Sun, 19 Jun 2016 00:57:09 +0000</pubDate><guid>https://www.justresolve.com/newsroom/whats-in-it-for-them/</guid><description>&lt;p&gt;SO YOU GET IT. You know what’s in it for you. You want neutral-driven dispute resolution in your business contracts. But to make this happen, the other side also has to agree. Since it’s less well known, and not yet standard in industry contract templates, you’ll probably need to propose Just Resolve for any disputes that arise, or at least for disputes up to some comfortable level of money stakes. When you do, and if your counterpart has not heard of Just Resolve before, he or she might be unsure or suspicious.&lt;/p&gt;</description></item><item><title>What’s in it for Me?</title><link>https://www.justresolve.com/newsroom/whats-in-it-for-me/</link><pubDate>Fri, 20 May 2016 17:18:36 +0000</pubDate><guid>https://www.justresolve.com/newsroom/whats-in-it-for-me/</guid><description>&lt;p&gt;If I’m a business owner or in-house lawyer, why would I use an alternative dispute resolution service like just Resolve? How will it benefit me and/or my company? Well, like any new product or service, Just Resolve has to be better, faster, or cheaper, than the alternatives (litigation, arbitration, mediation, or doing nothing). Here’s what’s in it for you!&lt;/p&gt;&#10;&lt;p&gt;SAVE MONEY: Just Resolve is cheaper than the alternatives.&lt;/p&gt;&#10;&lt;p&gt;Unlike competitors, Just Resolve’s non-adversarial dispute resolution service has a fixed (or not to exceed) fee that is based upon what is at stake. The cost, therefore, can be limited to a fraction of what is at stake, unlike litigation or arbitration or even mediation which use open-ended and unpredictable hourly fees. These stakes-based fees are split evenly between the parties, unless the parties agree otherwise.&lt;/p&gt;</description></item><item><title>Client Centric Lawyers</title><link>https://www.justresolve.com/newsroom/article-client-centric-lawyers/</link><pubDate>Wed, 30 Mar 2016 20:27:56 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-client-centric-lawyers/</guid><description>&lt;p&gt;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 their advice is another story.)&lt;/p&gt;</description></item><item><title>Strengthen Client Relationships with Just Resolve</title><link>https://www.justresolve.com/newsroom/just-resolve-tool-client-centric-lawyers/</link><pubDate>Tue, 16 Feb 2016 20:05:57 +0000</pubDate><guid>https://www.justresolve.com/newsroom/just-resolve-tool-client-centric-lawyers/</guid><description>&lt;p&gt;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 further these lawyers’ client relationships.&lt;/p&gt;</description></item><item><title>Who Decides?</title><link>https://www.justresolve.com/newsroom/who-decides-article/</link><pubDate>Mon, 21 Dec 2015 19:54:34 +0000</pubDate><guid>https://www.justresolve.com/newsroom/who-decides-article/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;p&gt;&lt;strong&gt;Judges&lt;/strong&gt;&lt;/p&gt;&#10;&lt;p&gt;Judges are either appointed (at the Federal level) or elected (at the State level, with an outright election or with an initial appointment and then a retention election). They are almost always attorneys with a litigation background. Although a judge’s role is basically reactive – responding to what the parties’ attorneys choose to present – the judge assigned to your case can play a major role in the outcome. Judges are trained and experienced in recognizing and resisting improper influences, but factors like subconscious bias, political philosophy, caseload, and even mood, can greatly affect a judge’s decision. Also, the complexity and subject matter of your case can make a huge difference, depending on the judge’s experience in deciding that type of matter. While judges may be a preferred decision maker, it is noteworthy that most cases never make it to the courtroom. It is statistically far more likely that the parties will settle using one of the other decision makers or facilitators listed below.&lt;/p&gt;</description></item><item><title>“You Can’t Sue Me, We’ve Agreed to Resolve It!”</title><link>https://www.justresolve.com/newsroom/article-you-cant-sue-me/</link><pubDate>Mon, 21 Dec 2015 19:54:05 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-you-cant-sue-me/</guid><description>&lt;p&gt;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.&lt;/p&gt;</description></item><item><title>Runaway Costs and Domino Delays: Innovative Ways to Resolve Subcontractor Disputes</title><link>https://www.justresolve.com/newsroom/article-innovative-ways-to-resolve-subcontractor-disputes/</link><pubDate>Tue, 03 Nov 2015 18:05:15 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-innovative-ways-to-resolve-subcontractor-disputes/</guid><description>&lt;p&gt;Deciding Factors in Choosing a Dispute Resolution Method, And Why It Matters&lt;/p&gt;&#10;&lt;p&gt;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 each method. We at Just Resolve have identified ten factors worth considering when choosing a dispute resolution method and assigned a positive or negative value to each factor. We have also listed a question mark when a factor could go either way depending on the particular circumstances.&lt;/p&gt;</description></item><item><title>Using a Neutral Driven Approach Instead of Litigation</title><link>https://www.justresolve.com/newsroom/article-using-a-neutral-driven-approach-instead-of-litigation/</link><pubDate>Tue, 25 Aug 2015 18:41:39 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-using-a-neutral-driven-approach-instead-of-litigation/</guid><description>&lt;p&gt;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 the opportunity to select a neutral arbiter to guide them through a non-adversarial process. This neutral-driven approach often ends up significantly more efficient, time and cost-wise.&lt;/p&gt;</description></item><item><title>Arbiter Spotlight – Monica Desai</title><link>https://www.justresolve.com/newsroom/arbiter-spotlight-monica-desai/</link><pubDate>Thu, 20 Aug 2015 20:46:24 +0000</pubDate><guid>https://www.justresolve.com/newsroom/arbiter-spotlight-monica-desai/</guid><description>&lt;p&gt;&lt;img src="./wp-uploads/2016/09/Monica-Desai-picture-1-236x235.jpg" alt=""&gt;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 chief of the Consumer and Governmental Affairs Bureau. She currently works for Squire Patton Boggs in Washington D.C.&lt;/p&gt;</description></item><item><title>5 Tips to Avoid Litigation</title><link>https://www.justresolve.com/newsroom/article-5-tips-to-avoid-litigation/</link><pubDate>Tue, 11 Aug 2015 20:15:21 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-5-tips-to-avoid-litigation/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;h3 id="1-plan-for-disputes"&gt;1) Plan for disputes&lt;/h3&gt;&#10;&lt;p&gt;Disputes are inevitable, so plan for them. Don’t wait until disputes occur to take steps to reduce their impact or avoid them entirely. In fact, if the first time you’ve thought about how you will deal with a certain kind of potential dispute is when one arises, it’s usually too late to do those things that could save you the most time, money, and peace of mind. Plans range from consulting with business counsel or outside litigation counsel who are expert in the kinds of disputes that may arise, to thinking through and contractually specifying preferred dispute resolution paths whenever possible, to implementing creative policies that involve engaging senior management to negotiate settlements directly or taking steps to deal differently with those disputes whose stakes will never justify the many costs of litigation. The right plan will vary for each company depending on their business and their most frequent types of disputes.&lt;/p&gt;</description></item><item><title>Why Are We Called Arbiters?</title><link>https://www.justresolve.com/newsroom/article-why-are-we-called-artbiters/</link><pubDate>Mon, 04 May 2015 20:21:29 +0000</pubDate><guid>https://www.justresolve.com/newsroom/article-why-are-we-called-artbiters/</guid><description>&lt;p&gt;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 &lt;em&gt;arbiters,&lt;/em&gt; rather than anything else, is an important one.&lt;/p&gt;&#10;&lt;p&gt;From a strictly definitional standpoint:&lt;/p&gt;&#10;&lt;p&gt;&lt;em&gt;&lt;strong&gt;Arbiter&lt;/strong&gt;&lt;/em&gt; 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 arbiter of good manners.)&lt;/p&gt;</description></item><item><title>Arbiter Spotlight – Anne Jordan</title><link>https://www.justresolve.com/newsroom/arbiter-spotlight-anne-jordan/</link><pubDate>Thu, 30 Apr 2015 19:09:23 +0000</pubDate><guid>https://www.justresolve.com/newsroom/arbiter-spotlight-anne-jordan/</guid><description>&lt;p&gt;&lt;img src="./wp-uploads/2016/09/Anne-Jordan-picture-full-1-236x235.jpg" alt=""&gt;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 &amp;amp; Ferrell. She is currently with the Chicago firm Mandell Menkes LLC.&lt;/p&gt;</description></item><item><title>When Do Lawyers have a Duty to Step Aside?</title><link>https://www.justresolve.com/newsroom/case-study-when-do-lawyers-have-a-duty-to-step-aside/</link><pubDate>Thu, 30 Apr 2015 18:50:46 +0000</pubDate><guid>https://www.justresolve.com/newsroom/case-study-when-do-lawyers-have-a-duty-to-step-aside/</guid><description>&lt;p&gt;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 &lt;em&gt;to either side&lt;/em&gt; in light of the modest stakes. So he suggested the lawyers would essentially step aside, except as advisors, to enable a fair and economically rational solution instead of consuming the stakes in legal fees. NOYB’s attorney refused to recommend this process or even early mediation to his client. One year later, the parties had &lt;em&gt;each&lt;/em&gt; spent well over $30,000 in legal fees alone (&amp;gt;$60,000 in all) on court pleadings, rounds of written discovery, stop-and-go negotiations, countless scheduling communications, mandatory status conferences, contentious legal briefing, and a mediation that ultimately led to a compromise settlement.&lt;/p&gt;</description></item><item><title>The 6 Most Common Types of Litigation Nightmares</title><link>https://www.justresolve.com/newsroom/6-most-common-types-of-litigation-nightmares/</link><pubDate>Tue, 03 Feb 2015 18:29:48 +0000</pubDate><guid>https://www.justresolve.com/newsroom/6-most-common-types-of-litigation-nightmares/</guid><description>&lt;p&gt;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:&lt;/p&gt;&#10;&lt;ul&gt;&#10;&lt;li&gt;More cost than it was worth&lt;/li&gt;&#10;&lt;li&gt;Discovery wars and abuse&lt;/li&gt;&#10;&lt;li&gt;Being “home-towned”&lt;/li&gt;&#10;&lt;li&gt;Frivolous suit (“I can’t believe they filed this suit”)&lt;/li&gt;&#10;&lt;li&gt;One party does not actually want to resolve anything&lt;/li&gt;&#10;&lt;li&gt;No clear litigation goal (and strategy to achieve it)&lt;/li&gt;&#10;&lt;/ul&gt;&#10;&lt;p&gt;Without divulging the details of individual nightmares, I will be discussing the overall themes we noticed in general terms.&lt;/p&gt;</description></item><item><title>Litigation Costs Black Hole?</title><link>https://www.justresolve.com/newsroom/litigation-costs-black-hole/</link><pubDate>Fri, 19 Dec 2014 11:05:40 +0000</pubDate><guid>https://www.justresolve.com/newsroom/litigation-costs-black-hole/</guid><description>&lt;p&gt;How do you know if you are caught in a litigation costs black hole?&lt;/p&gt;&#10;&lt;p&gt;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, that was a litigation cost black hole.&lt;/p&gt;</description></item><item><title>Who Decides?</title><link>https://www.justresolve.com/newsroom/decides/</link><pubDate>Thu, 16 Oct 2014 10:31:03 +0000</pubDate><guid>https://www.justresolve.com/newsroom/decides/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;p&gt;Judge or Jury&lt;br&gt;&#10;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 least one party will want to choose a jury trial for the disputed facts in the case. Otherwise, a judge will hear and decide both the disputed facts and applicable law. . Experts differ widely on whether juries tend to promote or impede justice in civil disputes between private parties. Jury trials certainly make resolving a dispute more expensive. Judges may be elected or appointed and even though you have almost no say with respect to which judge is assigned to your case, suffice it to say that most judges are trying to do a good job in deciding the cases before them. Potential drawbacks of judges can come into play when they are subject to an overflowing docket or they are assigned cases on complex subjects in which they have limited or no knowledge and expertise (e.g. patent license disputes or construction defect disputes).&lt;/p&gt;</description></item><item><title>How to Keep Your Client When Litigation Isn’t the Answer</title><link>https://www.justresolve.com/newsroom/how-to-keep-your-client-when-litigation-isnt-the-answer/</link><pubDate>Tue, 16 Sep 2014 04:00:15 +0000</pubDate><guid>https://www.justresolve.com/newsroom/how-to-keep-your-client-when-litigation-isnt-the-answer/</guid><description>&lt;p&gt;Every litigation attorney encounters the circumstance at one time or another: a long-standing client approaches you with a stubborn, both-sides-believe-they’re-right matter for which the many costs of litigation, and probably even getting to mediation, will be unreasonable compared to the limited money at stake.&lt;/p&gt;&#10;&lt;ul&gt;&#10;&lt;li&gt;How can you deliver real and economic justice to the client?&lt;/li&gt;&#10;&lt;li&gt;How can you remain the trusted legal advisor of first resort for your client and not take the case?&lt;/li&gt;&#10;&lt;li&gt;Do you take the case and know that you will steeply discount your fees throughout an uncertain and open-ended nightmare?&lt;/li&gt;&#10;&lt;/ul&gt;&#10;&lt;p&gt;You want to help, but the economics just don’t add up for either of you.&lt;/p&gt;</description></item><item><title>Contract Disagreements, Failures, and Misunderstandings…What Are Your Resolution Options?</title><link>https://www.justresolve.com/newsroom/contract-disagreements-failures-and-misunderstandings-what-are-your-resolution-options/</link><pubDate>Sat, 02 Aug 2014 00:29:41 +0000</pubDate><guid>https://www.justresolve.com/newsroom/contract-disagreements-failures-and-misunderstandings-what-are-your-resolution-options/</guid><description>&lt;p&gt;You suffer the irate voicemail, the missing payment, faulty product, unmet deadline, or an escalated service issue. One thing is always true: it involves a financial and reputational risk to your business and an interruption of operations. The failure, perceived or real, of one or both parties to meet the terms of an agreement have led to consequences for your business. Now what do you do?&lt;/p&gt;&#10;&lt;p&gt;The first step in a dispute is to know your options. Here is our list of the most common dispute resolution choices and when they make sense:&lt;/p&gt;</description></item><item><title>Avoiding Arbitration by Sonya Sigler</title><link>https://www.justresolve.com/newsroom/avoiding-arbitration/</link><pubDate>Tue, 29 Jul 2014 07:10:14 +0000</pubDate><guid>https://www.justresolve.com/newsroom/avoiding-arbitration/</guid><description>&lt;p&gt;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.&lt;/p&gt;&#10;&lt;p&gt;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 got me thinking about arbitration. Mostly along the lines of, “Wow, that person must be an arbitrator or they must have had a really good arbitration outcome to put that on their license plate.”&lt;/p&gt;</description></item><item><title>Contract Management Best Practices: What Are You Willing To Risk?</title><link>https://www.justresolve.com/newsroom/contract-management-best-practices-what-are-you-willing-to-risk/</link><pubDate>Mon, 28 Jul 2014 23:47:55 +0000</pubDate><guid>https://www.justresolve.com/newsroom/contract-management-best-practices-what-are-you-willing-to-risk/</guid><description>&lt;p&gt;Whether a business manages hundreds of contracts per year or only a few for key relationships, contracts are a fundamental component of risk management for every company. Contracts define business relationships and transactions.  Moreover, how a business mitigates contract and dispute risks profoundly affects its financial health and reputation as a business partner.\&lt;/p&gt;&#10;&lt;h4 id="what-are-your-risks"&gt;What are your risks?&lt;/h4&gt;&#10;&lt;h5 id="head-in-the-sand-executive"&gt; Head-in-the-Sand Executive&lt;/h5&gt;&#10;&lt;p&gt;This executive uses a one-contract-fits-all approach. Every vendor, customer, and partner receives a variation of the same contract template, often replete with one-sided provisions. Since previous disputes have been limited in number and stakes, no budget is accorded to contract management and business owners hope that if any dispute arises, the stakes stay within small claims court range. Little follow up is given to signed contracts to manage the agreed upon commitments and adjustments that might be needed.&lt;/p&gt;</description></item><item><title>How much DOES discovery cost?</title><link>https://www.justresolve.com/newsroom/how-much-does-discovery-cost/</link><pubDate>Mon, 02 Jun 2014 18:31:57 +0000</pubDate><guid>https://www.justresolve.com/newsroom/how-much-does-discovery-cost/</guid><description>&lt;p&gt;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 &lt;a href="http://www.rand.org/pubs/monographs/MG1208.html"&gt;Rand Institute for Civil Justice&lt;/a&gt;, reviewing these documents for relevancy and privilege comprises 73% of these production costs. A common industry benchmark for document review costs is a dollar a document, which doesn’t sound like a lot until you realize that it is easy to amass thousands of documents just for one person. Although there are various techniques and software solutions to help lower a number of documents needing review, you can see how costs can quickly spiral out of control if you have a lot of electronic data to review and produce.&lt;/p&gt;</description></item><item><title>Recently Resolved: Where is My Penalty Payment?</title><link>https://www.justresolve.com/newsroom/recently-resolved-where-is-my-penalty-payment/</link><pubDate>Wed, 08 Jan 2014 02:24:07 +0000</pubDate><guid>https://www.justresolve.com/newsroom/recently-resolved-where-is-my-penalty-payment/</guid><description>&lt;h2 id="the-dispute"&gt;The Dispute&lt;/h2&gt;&#10;&lt;p&gt;Our latest Resolve involved a laboratory services contract that specified the payment of about $28,000 in penalties if the customer delayed the start date of the study. As is often the case, both sides believed they were in the right, actually had good reasons for believing it, and felt the other side was acting the scoundrel. The laboratory had reserved and purchased resources and materials specific to this study and so had lost the opportunity to do other work. The customer had proceeded with the study just a month later than expected and had paid for it thinking the issue was behind them.&lt;/p&gt;</description></item><item><title>How California Court Budget Cuts Could Affect Your Business</title><link>https://www.justresolve.com/newsroom/how-the-california-court-budget-cuts-could-affect-your-business/</link><pubDate>Sun, 11 Aug 2013 21:09:46 +0000</pubDate><guid>https://www.justresolve.com/newsroom/how-the-california-court-budget-cuts-could-affect-your-business/</guid><description>&lt;p&gt;California is in the third year of cuts, and the state’s courts are taking a $660 million hit: $350 million in the latest budget cuts and another $310 million originally earmarked for court construction that is being diverted to the State’s General Fund. Complex litigation departments which handle business trials will be closed or cut back, and many cases will marinate as statutory time limits approach &lt;a href="http://www.calbarjournal.com/august2011/topheadlines/th5.aspx" title="California Bar Journal"&gt;¹&lt;/a&gt;.&lt;/p&gt;&#10;&lt;p&gt;Closed courts and delayed hearings mean a dispute could sit unresolved or even unheard for over 5 years, all the while your business is incurring attorney fees and experiencing business disruption. The current economic climate now forces businesses to evaluate if the stakes are worth the higher legal expense for litigation, possibly take a loss of the stakes in dispute, or investigate new avenues of dispute resolution. What to do when a dispute arrives or faces long process delays:&lt;/p&gt;</description></item></channel></rss>