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

ADR/Mediation Archives

Do your homework: 4 things to find out when choosing a mediator

You’ve decided to use mediation to settle your dispute. If you’ve never used a mediator before, you want to make sure you find someone who’s a good fit for you and your case. Here are four things you’ll want to research ahead of time:

Three key focus strategies to resolving a workplace conflict

A workplace is like a delicately balanced ecosystem. Most of the time, all individuals work in harmony with each other. However, when you throw a group of people with differing personalities, unique ideas and separate expectations into an office together, conflict is bound to arise eventually. In the face of such a clash, it’s important to refrain from doing anything that exacerbates the problem—which could ultimately result in mediation or even litigation.

Protect yourself when signing an employment arbitration agreement

You aced your final interview, and your future employer has just offered you your dream job. Exciting news! You’re asked to come into the office to sign some pre-employment paperwork. But embedded in the stack is a document that gives you pause: an employment arbitration agreement.

What is a mini-trial?

Mediation and arbitration are two techniques commonly associated with alternative dispute resolution (ADR). Today we’ll examine a less known form of ADR called a mini-trial—a technique commonly used in large-scale business disputes.

How emotional and economic losses impact mediation results

A study by the University of Chicago has examined the ways in which humans react to and evaluate different types of loss. The research finds that humans value emotional and economic loss differently when these losses are considered separately versus when they are considered in combination with each other. These different valuing systems lead to different outcomes in mediation.

What can be done to ensure a mediation deal is enforceable?

At times, it can seem the law defies logic. Take the following scenario as an example. You and another party are in dispute over some issue. Maybe you have a difference of opinion over contract terms or a construction project. Maybe you need to resolve a parenting issue in the wake of a divorce.

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