Articles 2020

In litigation, there are a number of factors parties (and their advocates) can control, but an equally important number of factors they cannot. It can be difficult to determine where control of a case ends when the stakes are high, but there are some crucial aspects of any litigation case to keep in mind.

Some disputes involve a deterioration of both the amount available to the parties and the relationship the parties have going forward. Whether as an advocate or as a mediator, there are a few key basics to keep in mind when dealing with situations when costs start to outweigh benefits.

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

In J.K. Rowling's Harry Potter series, Bernard Mayer's five-part theory of conflict resolution aids the understanding of some of the wizarding world's most prominent characters.

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Welcome from the Chair and Vice-Chair of the OBA's ADR Section.

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.