Caldwell & Kearns, P.C.
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Protecting clients in the most complex legal disputes

January 2017 Archives

Medical malpractice mediation: considering some of the issues, P.2

In our last post, we began discussing some of the difficulties parties can face in medical malpractice mediation. As we noted, medical malpractice litigation can involve highly specialized knowledge and it is necessary not only for parties to establish a dialogue with each other that involves a mutual understanding about such matters, but which can also be understood and appreciated by the mediator.

Medical malpractice mediation: considering some of the issues, P.1

Mediation can be a useful tool in a variety of types of dispute, from construction projects to divorce to employment and labor law matters. In most mediation cases, the goal is to help the parties discuss their positions, understand each other’s underlying interests and to negotiate a sustainable agreement that can be enforced as a contract in a court of law. Depending on the area of dispute, there can be various challenges to achieving this goal.

Wells Fargo insists its imaginary clients agreed to arbitration

Whatever you think about mandatory arbitration clauses, they require consent. The First Amendment implies that people generally have the right to “petition the Government for a redress of grievances.” In other words, in the U.S. it’s fundamental that participants in mandatory arbitration have legally waived their right to bring the case to court.

Can I modify or change my arbitration award? P.2

Previously, we looked at some of the circumstances under which an arbitration award may be vacated. In addition to that, there are also cases where an arbitration award may be modified or corrected. Such circumstances include cases where the arbitration award reflects a miscalculation of figures or an incorrect description of a person, property or thing in the award.

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