Discovery: The Vital Next Step

Cases can often be won or lost during discovery. When a dispute arises and a party hires an attorney, they will spend time, together, going over the facts, providing relevant documents, and giving the attorney enough information so that the attorney can provide advice as to the strengths and weaknesses of his client’s case, and the alternatives.

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Why Not Mediate?

In mediation, there is no formal process of discovery. And, if already in litigation, the parties may be sent to mediation before they have completed – or even begun – discovery. So what if a party feels they do not have the needed information to properly evaluate a settlement proposal, or make one?

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Why Mediate?

In mediation, there is no formal process of discovery. And, if already in litigation, the parties may be sent to mediation before they have completed – or even begun – discovery. So what if a party feels they do not have the needed information to properly evaluate a settlement proposal, or make one?

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Must I Go To Court?

Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in a case and were served with the complaint, you must go to court. If you don’t, and assuming you were served properly and the complaint sets forth a legal basis for relief, a default judgment may be entered against you.

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Life As An Open Book

In business today, it is commonplace for individuals to send numerous emails or texts during the course of the day, rather than one comprehensive, well thought-out and well written memorandum or letter – even one transmitted by email. Far too often, people have developed a habit of putting something in a text or an email message without thinking of how it might be misconstrued.

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Who Benefits From Mandatory Arbitration Clauses? Part 2

It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to  include an arbitration clause in an agreement.  It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause. An example of this would be an employment contract, where an employee must agree to a mandatory arbitration clause in order to get the job.  

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Who Benefits From Mandatory Arbitration Clauses?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties have agreed to do so – either in advance, such as in a written agreement between them, or after the dispute arises. Arbitration can provide consenting parties with an effective and desirable alternative to litigation.

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Can Oral Agreements be Enforced?

Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties have agreed to do so – either in advance, such as in a written agreement between them, or after the dispute arises. Arbitration can provide consenting parties with an effective and desirable alternative to litigation.

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What Should a Non-Party to a Lawsuit Do If Served with a Subpoena Duces Tecum?

From time to time, individuals and companies will be served with a subpoena requesting the production of documents that may be relevant to a litigation in which that person or company is not a party. The person or party served may have no interest in the outcome of the litigation, no real knowledge of the underlying dispute, and may not have even known that it existed.

What should that subpoenaed person or party do? What are their legal responsibilities?

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