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Commercial Litigation is a broad term that encompasses any formal legal dispute a business could experience during its life. The list of potential disputes that a business could run into is far too long to list but chances are, if you are a business owner or hold a management position in a business, you've experienced one.
Pick a Fight, It's Good for Business
I've always been suspicious of those couples- you know the ones I am talking about. When asked about their recent engagement or nuptials, they exclaim proudly " ...And we've never had a fight!" My response has always been, "Well, honey, you better pick one- fast!"
Home warranty and insurance companies handle disputes with intelligence--why don't you?
Courtesy of Peter G. Merrill
Why have the home warranty companies and insurance companies chosen binding arbitration provided by a construction-knowledgeable arbitrator to handle their disputes?
Plain talk about large construction project disputes
It is virtually impossible to complete a large construction project without any disputes arising between parties. Those who plan ahead will likely be less adversely affected by the disputes that could develop. Read article »
How to Have a Great Divorce
Breaking up is hard to do. But it doesn't have to be war. In fact, if you play your cards right, it can be a downright positive experience. Here's how.
FAQ (Frequently Asked Questions) about Children and Divorce
This article discusses key question surrounding children and divorce. Learn how divorce affects your children, when you should tell a child you are getting divorced, and what you can do to help your children through the divorce period.
Making Sense of Collaborative Law - Divorce and Conflict Resolution
This article discusses how collaborative law works and the benefits to spouses in a divorce or individuals in disputes.
The Basics of Collaborative Family Law - A Divorce Paradigm Shift
This article discusses a new approach to divorce (Collaborative Family Law) that has the potential to drastically reduce or eliminate family law and divorce litigation in the United States.
Collaborative Family Law
The process you select to end your marriage will have a far-reaching impact on the custodial, financial, and emotional outcome. Depending on your location, you may have the options of mediation, Collaborative Family Law (Collaborative Practice), traditional negotiation, or litigation. The following is an overview of the Collaborative Family Law process.
Collaborative Family Law-A Journey Far Beyond Victory
This article discusses the benefits of collaborative law from the attorney's and client's perspective. The actual collaborative process is detailed in this article.
In this article Chip Rose discusses the movement of collaborative law.
Spiritual Aspects of Collaborative Law
This article explores society's adversarial system/views and how they play a part in our approach to litigation and collaborative law and conflict resolution.
Gay Divorce? Same-Sex Break-ups
The topic of same-sex marriage is a significant "hot-button" issue for policymakers and judicial circuits at the local, state, and national levels. While the determination of procedure has remained in the domain of legislatures and courthouses, same-sex couples have continued to create long-term relationships that have resulted in intertwined lives and assets. Consequently, there has also been an increased need for assistance and direction for couples during same-sex partnership dissolutions.
Top 10 Myths Tennessee Divorce Law
As a full-time family law attorney and mediator, with the bulk of my practice being divorce and post-divorce cases, I have found that there are a number of widely held beliefs about how divorce law works in Tennessee. Unfortunately, many of the beliefs I hear from my clients are actually urban myths, not based in reality.
Eldercare Mediation: A New Way to Make Decisions Relating to Caring for Aging Parents
Family decisions on how to best care for aging parents can seem overwhelming. Involving a family/eldercare mediator is beneficial for many reasons.
As families (including adult children) face critical decisions in how best to care for an aging parent or loved one, mediation is a resource worth considering.
Elder Mediation: New Role In Healthcare
This article discusses the new role doctors, nurses, and caregivers play in recommending family or geriatric counseling, outpatient assessments, and elder mediation.
Family Caregiver Mediation
This article explores the topic of family care-giving mediation and its impacts upon spouses and adult children. Learn more about family caregiver mediation
Elder Decisions in Elder Mediation
When does any elderly person make the decision to move out of his/her home that's been the center of a person's life for decades? Learn more about how elder mediation can help
Rule 31 Alternative Dispute Resolution
Read the rulings of the Tennessee Supreme Court regarding Rule 31, Alternative Dispute Resolution
Mediation in Tennessee
Mediation is a voluntary settlement process used in dispute resolution. Mediation is defined as an informal process in which a mediator helps those involved in a dispute, reach agreement. The mediation process identifies critical issues, clarifies misunderstandings, explores resolutions, and negotiates a settlement.
What is conflict resolution? Conflict resolution defined
Conflicts may be resolved in numerous ways-surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, ADR and conflict resolution are defined (often interchangeably) as using a wide range of processes that encourage nonviolent dispute resolution outside of our traditional court system.
Conflict Resolution - Audio Interview
This article is an audio transcribed interview featuring questions and answers on the topic of conflict resolution. Interviewer: Dr. Bill Halbert Interviewee: Attorney Leigh Ann Roberts (Brentwood/Nashville, TN)
Mediation Gains Traction
Learn why businesses and nonprofits are turning to Attorney Leigh Ann Roberts to find alternative ways to resolve disputes outside the courtroom.
Why construction mediators and arbitrators need to be construction experts
The Alternative Dispute Resolution (ADR) industry has long been advocating that mediators and arbitrators (ADR Specialists) only need to be trained and experienced as mediators and arbitrators; it was not necessary for the ADR Specialist to have any specific knowledge concerning the actual issues in dispute. When dealing with disputes related to business decisions, divorce or marriage issues, family matters, and other general disputes, a well-trained and experienced ADR Specialist can be very effective in helping the parties come to a final resolution. Construction is another matter.
Not So Neighborly Neighbors
Have you ever had a dispute with a neighbor? If you have, you can attest to just how frustrating these conflicts can be. In my time as a mediator (a fancy name for a person who helps two disputing individuals or businesses find a resolution without resorting to litigation), I have seen even the most polite, upright citizens resort to juvenile and mean-spirited behavior.
Mediation Expenses- just a quarter of the cost of lawyer-to-lawyer settlements
David Hoffman's Boston Law Collaborative analyzed 199 of its recent divorce cases, and found while mediation, collaborative divorce and litigation all produced high rates of successful settlement, the costs varied greatly. Mediation was by far the least expensive option, with a median cost of $6,600, compared to $19,723 for collaborative divorce, $26,830 for settlements negotiated by rival lawyers, and $77,746 for full-scale divorce litigation.
Standards of Practice - Family and Divorce Mediation
The Standards for divorce and family mediation include topics such as domestic violence, child abuse, the issue of the best interests of the children, and how mediation can help parents to address such issues them in divorce.
The Client-Centered Process: Common Ground for Mediators and Collaborative Professionals
In his "Letters to a Young Poet," Czech poet, Rainer Maria Rilke counsels a young man who sent some of his work to the aging artist seeking his opinion. In one of the most memorable portions of the correspondence, Rilke encouraged his young artist friend to find comfort by "living in the question"-trusting that to do so was a far more productive endeavor than obsessing about the answers. I can't think of a more appropriate point of professional departure for those of us who work with interpersonal, relational conflict than to practice the art of "living in the question."
Mediating In Your Own Backyard - Family Mediation Without Divorce
Summertime can be trying when you have a house full of teenagers at home, and this summer, mine was no different. Conflict abounded and reached a peak one hot August evening when my daughter's puppy entered into my son's room, destroying his favorite wallet, sunglasses case, and a $20.00 bill! What is a mother to do, divorce her family?
What Would Gandhi Do?
This article explores the accomplishments and beliefs of Mahatma Gandhi as they relate to conflict resolution and mediation.
Online Dispute Resolution: A Way to Solve Conflict and Earn Customers for Life
Many of you have heard of ADR but what about ODR? As defined in Wikipedia, the online dictionary/encyclopedia website, ODR or "Online Dispute Resolution" is: A branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties.
Interview of Mediator Leigh Ann Roberts
In this article Inga Fricke interviews Attorney Roberts for an enlightening look at her journey into her mediation practice and nonprofit consulting.
Trust in the Workplace
Distrust in the workplace is prevalent in recent times, with layoffs, reduced benefits, pay cuts and other factors related to the declining economy. Supervisory staff can help establish trust in the workplace by following some simple steps.