Article

Mon, Feb 17th, 2025 | by Miles Mediation and Arbitration

By Kelly K. James   If you’re an employment attorney, you’re likely following the litigation around the Federal Trade Commission’s final rule of April 23, 2024 that attempts to eliminate almost all post-employment covenants not …

Tue, Jan 7th, 2025 | by Miles Mediation and Arbitration

By Eric J. Frisch    During mediation, the neutral speaks with the parties about their “litigation risk” to motivate them toward a resolution. What is “litigation risk” in today’s environment? Throughout the country, verdict values …

Mon, Jan 6th, 2025 | by Miles Mediation and Arbitration

By Leah Wilson   Nearly anyone can mediate, but too many professionals wait until the end of their legal practice to pursue a career in alternative dispute resolution (ADR) when they can really start right …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Joe Murphey   Ah, “professionalism.” You know, it’s that thing you always get confused with “ethics” when you’re scrambling to get your continuing legal education requirements at the end of the year. You seem …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Eric J. Frisch    A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Glenn Hutchison and David Matthews   Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Trevor Howell   When I started practicing law in 1981, I focused on labor and employment law. My practice involved management and union matters such as unfair labor practice charges and breaches of collective …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Dave Connor   Representing a client in a trust case? A signed mediation settlement agreement (MSA) needn’t mean that your work is done. The requirement of a signed final MSA, while indispensable, nevertheless can …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Casey C. Crumbley   After sitting on hold for a phone call for over 30 minutes in a failed attempt to speak with a human being about a pressing matter and having been transferred …

Tue, Dec 31st, 2024 | by Miles Mediation and Arbitration

By Sasan Nematbakhsh   In a highly globalized world, commercial disputes are more likely to involve cross-cultural features. (“Cultural features” refers to aspects like language, expression, body language, value systems, governments, and negotiation styles that …