Exciting New Alternatives for Claims Resolution

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…

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What’s Wrong With Arbitration?

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.…

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Is Positional Bargaining Unavoidable?

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…

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