Resolving commercial and construction disputes is expensive. According to one source, 98% of commercial disputes are resolved prior to trial or arbitration. However, most are not resolved until the parties…
I preface this post with the disclosure that in my practice I serve both as an arbitrator -- AAA administered and privately administered -- and as an advocate in arbitration.…
In spite of an acknowledged preference for interest-based "principled" negotiation, I acknowledged in my previous post that every civil mediation eventually becomes a positional battle. This is largely because virtually…
As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the story of how as a…
One of the primary tenets of Roger Fisher and William Ury's book "Getting to Yes" is that negotiations should focus on interests not positions, i.e., avoid positional bargaining. Positional bargaining…
The American Arbitration Association recently announced new streamlined rules for arbitration specifically designed for the construction industry. AAA believes that the new procedures are most appropriate in cases involving discrete…