Alternative Dispute Resolution

In previous posts, I talked about some issues that potential partners should be discussing when it comes to the planning stages of entering into a partnership. Some of those things included making sure the partners are compatible and ensuring everyone has expressed their expectations, and that...

One of the listserves I belong to recently posted a very interesting question, and it is a question that comes up quite frequently in the small business world: How do partners resolve disputes? And, most importantly, how do partners resolve disputes when they are fifty-fifty...

Having spent several years in litigation practice, day in and day out all I dealt with were partners who were suing or being sued. I concluded that while litigation is an important part of the American legal system, it is also very wasteful. It is...

Contract are often complex beasts, particularly the "boilerplate" provisions. So-called boilerplate has grown more complex over time and often the terms are not negotiated. In the past, dispute resolution provisions typically involved only choice of law and venue provisions, where the parties agree the law...