Dealing With A Competitive Approach In Mediation
In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates, their role in the opening…
How To Win Every Mediation
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.” Some settlements feel more like…
Protecting Trade Secrets In North Carolina
Dueling Statutes As we first described before the federal statute was enacted, the owner of a trade secret in North Carolina now enjoys the protection of both the Federal Defend…
Preserving Your Construction Claim
Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is…
Billable Hours And The Labor Theory Of Value
In 1865, Karl Marx postulated that the value of any commodity is determined by the amount of labor that was required to produce that commodity. Few, if any, economic theories…
The Power of Apology
In my experience, apologies in business or civil litigation mediation are the exception not the rule. There may be good reasons for this but you should never underestimate the potential…