Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Arbitrate? Litigate? Avoid Both Through Mediation
In the September 2010 issue of FBLA, Rupert Barkoff wrote a thought-provoking article on the merits of arbitration versus litigation of franchise disputes. His article reminded me of what I tell all prospective franchisors who are trying to decide between arbitration and litigation: “I hate them both, but duels are unlawful.”
Unfortunately, our judicial system really does not provide any good alternative to either arbitration or litigation, both of which can be time consuming, costly, and uncertain. For that reason, a dozen years ago, we began recommending to our franchisor clients that they include a compulsory mediation provision in their franchise agreements. After more than 10 years of experience with these clauses, we find that while some people are disappointed by mediations that do not magically produce settlements, more often than not, they do produce resolutions that are preferable for both franchisee and franchisor (though maybe not for their lawyers) than results obtained in either litigation or arbitration.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.