Sue, Settle, Mediate, Litigate. RIMS Covers the Bases on Dispute Resolution

By | May 2, 2019

  • May 2, 2019 at 12:09 pm
    retired risk manager says:
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    Mediation is a great thing for running up billable hours. Attorney’s generally hate arbitration. The reason is simple, a properly worded arbitration agreement, either free standing or as a contract provision, stops the clock. The variety of absolutely enforceable provisions is amazing. Limit on discovery, limit on depositions (# and length), limit on damages, reduction of time permitted to file for arbitration (ie. one year verses two year statute), limit on interrogatories, etc. And, per numerous SCOTUS opinions, the provisions of the arbitration agreement MUST be enforced as written.

    Mediation sounds so warm & fuzzy. But in my experience, both as a consultant and as a court ordered mediator, it rarely results in a settlement. Lots of talk, and then on to the courtroom.

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