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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Arbitration and Mediation

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Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

Posted in Arbitration and Mediation, Contracts, Settlements and Releases

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter you from exercising extreme focus on documenting that settlement in a carefully crafted agreement. Indeed, as… Continue Reading

Be Careful What You Ask for When Agreeing to Arbitration

Posted in Arbitration and Mediation, Contracts, Pre-Litigation Considerations

In 2014, I posted Carefully Craft Your Arbitration Clause if You Want Some, But not All, Disputes Arbitrated.  A decision a few months ago, Trustivo, LLC v. Anthem, Inc. is a reminder that if a contract has a broad arbitration provision, a party may have little chance of getting court intervention – even in situations  where… Continue Reading

Carefully Craft Your Arbitration Clause if You Want Some, But Not All, Disputes Arbitrated

Posted in Arbitration and Mediation, Contracts

As I discussed in Is Arbitration Quicker, Cheaper and Better for You?, sometimes it is in a party’s interest to have a dispute resolution mechanism that is long, onerous and expensive.  Further, as the recent case Grand Wireless v. Verizon Wireless confirms, if you want some disputes resolved by arbitration and others resolved by a court,… Continue Reading

How to Draft Enforceable Class Action and Other Employer-Friendly Waivers

Posted in Arbitration and Mediation, Contracts, Jurisdiction, Venue and Choice of Law

Porreca v. The Rose Group was a class action lawsuit brought by Carly Porreca and Charles Walton, alleging that their employer, Applebee’s Neighborhood Grill and Bar, had violated the Fair Labor Standards Act. After Porreca was dismissed from the lawsuit, the restaurant management company that owned and operated the Applebee’s at which Porreca and Walton… Continue Reading

It Isn’t Always a Good Idea to Negotiate Before Filing Suit

Posted in Arbitration and Mediation, Contracts, Pre-Litigation Considerations

Litigation is time-consuming, is costly and, even in a business context, can be emotionally draining.  Thus, it makes perfect sense that in-house counsel and business people, alike, often try to implement mechanisms to avoid having to file or defend suits.  One such method, about which I posted earlier this year, is the use of a… Continue Reading

Mediation 301: When to Mediate

Posted in Arbitration and Mediation

After having read Mediation 101 and Mediation 201, you should have a solid understanding of what mediation is and how it works.  Now, let’s discuss when it makes sense to mediate. While different types of cases get resolved through mediation every day, mediation is not likely to be successful in every case.  As a general… Continue Reading

Mediation 201: How Mediation Works

Posted in Arbitration and Mediation

Hopefully, Mediation 101 gave you a clear understanding as to what mediation is.  Now, let’s discuss how mediation works. Pre-Mediation Considerations While selecting a mediator can be critical, unlike when selecting an arbitrator, parties should not be very concerned that a biased mediator might force them to enter into a “bad” settlement.  Because mediation is… Continue Reading

Arbitration vs. Litigation – Substantive Differences Beyond Time and Expense

Posted in Arbitration and Mediation, Discovery, Pre-Litigation Considerations

In an earlier post, “Is Arbitration Quicker, Cheaper and Better for You?” I discussed why having a faster and less expensive dispute resolution mechanism may not be in your best interest.  Make no mistake, however, the differences between traditional litigation and arbitration go well beyond the time and expense it takes to complete the respective… Continue Reading

Is Arbitration Quicker, Cheaper and Better for You?

Posted in Arbitration and Mediation, Pre-Litigation Considerations

As many in-house counsel are painfully aware, litigating a dispute in court is generally time-consuming and expensive.  Further, given a losing party’s right to appeal an adverse verdict, and with all due respect to Yogi Berra, litigation ain’t even over when it’s over.  As a result, some companies choose to include arbitration clauses in their… Continue Reading