Publications

WHEN DRAFTING AN ARBITRATION CLAUSE, SPECIFICITY MATTERS

Posted on Nov 01, 2016

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...

CONSTRUCTION DEFECT CLAIMS: A MEDIATOR'S PERSPECTIVE

Posted on Nov 01, 2016

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

MEDIATION AND ARBITRATION: ALTERNATIVES TO MATRIMONIAL LITIGATION

Posted on Jul 25, 2016

A commentator on alternative dispute resolution wrote 31 years ago that although matrimonial matters are a specialized area of law, "[p]arties most often wait up to two or three years to litigate a complex divorce involving property division or financial support among other issues." Another analyst wrote, 40 years ago: ...

NUTS AND BOLTS OF A SUCCESSFUL ARBITRATION

Posted on Jun 18, 2016

I have had the privilege of being a trial attorney for thirty-five (35) years. Without a doubt, during those years, I have tried and arbitrated hundreds of cases having been involved in both. It is clear to me that arbitration is the better method for an expeditious and cost-effective conclusion to a lawsuit. This article wi...

TITLE IX COMPLAINTS – RESOLVING THEM WITH ADR

Posted on Jun 01, 2016

By: Honorable Elizabeth Bonina June, 2016 There have been many serious allegations concerning gender-based discrimination, particularly sexual assault and other serious matters, on college campuses this year throughout the country. Whether it was the recent incidents involving the allegations of cover-ups of sexual assault charges against members of the Baylor football team, the expelling of […]

OPENING STATEMENTS IN MEDIATION – DON'T PASS UP THE OPPORTUNITY

Posted on May 01, 2016

Richard P. Byrne, Esq. will speak at the annual CPCU (Chartered Property Casualty Underwriters) Atlanta I-Day, 2016 conference entitled Coverage! Whats in Your Policy!? The all-day conference will be held on Friday, August 19, 2016 between 7 a.m. - 4 p.m. at the Ritz-Carlton, Buckhead, 3434 Peachtree Road, NE, Atlanta Georgia.

CHALLENGES OF THE “PARTY” ARBITRATION IN THE COMMERCIAL SETTING

Posted on Apr 01, 2016

In any commercial case, the goal of the arbitration is a swift and expeditious resolution of the litigation with a savings of time and money. At a minimum, while not always as swift as we would like, one would hope that it will afford a faster and more efficient process than that provided by the court system. Typically, t...

TRAVEL THE ROAD TO A SUCCESSFUL MEDIATION

Posted on Mar 28, 2016

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

DON'T FEAR THE EXPERT AT MEDIATION

Posted on Mar 01, 2016

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...