Recently, a litigant refused to mediate their dispute, ultimately losing in court and paying the attorney’s fees of the prevailing party.

Read More

If you have ever purchased or sold a home, or seen a medical doctor, no doubt you were presented with a proposed written agreement, possibly on a preprinted form, that contained an arbitration provision.

Read More

Court rules that arbitrators need not live in splendid isolation!

Read More

Attorneys regularly counsel their clients regarding the unpredictability of juries. Less is said regarding the unpredictability of judges.

Read More

“You can’t build a reputation on what you are going to do” said Henry Ford. Indeed, much of a lawyer’s value is his or her reputation in the legal community, a lesson that I hope no attorney learns the hard way.

Read More

Although it is common practice among retailers to use form contracts presented to consumers for signing without explanation and without an ability to negotiate any of the terms, a court recently held that an arbitration clause in a form contract for the purchase of a used vehicle was unenforceable.

Read More

The IRS provides a forum for appealing a proposed income tax deficiency known as IRS Appeals, the only level of administrative appeal within the IRS.

Read More

Several years ago, a judge called me to see if I could mediate a matter that was in trial in her department that day, starting at the lunch break. Flattered, I said I would. Little did I know that this mediation would become one of my most memorable.

Read More

The California Court of Appeal recently found that a plaintiff’s election to proceed far into their lawsuit waived their contractual right to arbitrate the dispute.

Read More