Previously, we introduced alternative dispute resolution and reviewed the approach to mandatory mediation clauses in business contracts. Arbitration is, of course, the other main body of ADR. And like mediation, arbitration can be written into a business contract in hopes of avoiding litigation and streamlining the resolution process. But mandatory arbitration has its own pitfalls […]
Dispute resolution has a favorite son, and despite Americans’ litigious nature, it’s not the courtroom. Alternative Dispute Resolution, or ADR, is a combination of the informal mechanisms of mediation and arbitration which provide an alternative to trial and alleviate much of the burden on the U.S. court system. The already overwhelmed judicial system has thoroughly […]
There are plenty of reasons for “agreeing to agree.” The future is hard to forecast; we don’t want a hang-up to impede a venture in the here-and-now; and a dozen others. I don’t need to tell you that this invites uncertainty into your business relationships. But at what point does an agreement rife with future […]
As it turns out, there is some truth to the old cliché that contracts are made to be broken. But not all contracts, and not all the time. The law recognizes that sometimes the ability to cancel a contract works in the public interest: sometimes a consumer buys a good or service in high pressure, […]
Employment at will – the right to terminate a work relationship for any reason or no reason at all – is a state law concept structured to give both businesses and workers flexibility and mobility in the workforce. From an employer’s perspective, employment at will gives great latitude to how businesses manage staff: from seasonal […]
Over the last three years, two personal injury cases on divergent courses made national news. In Pennsylvania, 63-year-old Patricia Evans fractured her wrist while doing “suicide runs” – a set of intense agility movements – under the direction of an LA Fitness personal trainer. In Missouri, Jonas Barrish damaged a spinal disc when he disregarded […]
For content developers – including marketers for your more standard goods and service providers – huge opportunities for content creation exist in public space, from community events to newsworthy stories on public figures. But what counts as “public”? And do individuals, private businesses, and even the government have rights in this space? You (and your […]
Company searches of employee space and property are sometimes necessary to preserve safety, workplace confidentiality, and other important company policies. Employers often wonder what is fair game for a search if they suspect something is amiss, or if they want to be proactive about policy enforcement. The answer is, inevitably, “it depends.” In this article, […]
Vendor contracts are agreements with other companies that provide you your product, or a component of your product or service, for use in your own business. From this definition alone, we can see the importance of a vendor contract in successful operations; and there are supplementary documents, key terms and provisions that can help ensure […]
There are as many types of employment agreements as there are industries. A machinist, a college professor, and a non-profit director will all have unique contracts specific to their vocation. But there are universal provisions off of which each unique contract builds. Things like scope of work, compensation, term and termination are indispensable in any […]
