What Should Design Professionals Do When a Client Refuses to Pay?
Payment for services is one of the main concerns of any Design Professional engaged in private practice. In order to avoid this problem, a couple of simple practice tips should be incorporated.
Mediations provide that moment in time which is part of – yet removed from – the litigation process. They allow attorneys to advance positions to their adversaries . . .
Taking Control of ESI in Arbitration
When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”.
Demonstrating Strength By Acknowledging Weakness in Mediation
. . . None of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a client . . .
Construction Defect Claims: A Mediator's Perspective
Construction defect claims often evolve into one of the most complex, expensive, unwieldy and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions. . .
Mediator Settlement Recommendations - Be Careful What You Ask For
During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, “So, what do you think the case is worth?” This Mediator has a consistent response . . .
Opening Statements In Mediation - Don't Pass Up The Opportunity
As lawyers, we tend to think we know it all . . . But that conceit ignores how themes, testimony and documents might be perceived by the Mediator and/or client representative sitting across the table.