Category ADR
Resolving Disputes with Arbitration
by Bryan Lane Berson Parties to legal disputes often reflexively consider suing one another in litigation. As an alternative, parties can use alternative dispute resolution (“ADR”), including arbitration and mediation. My May 2012 and December 2013 columns discuss mediation, which is a form of facilitated negotiation. Litigation is a process governed by complicated procedure. A […]
Handling Less Than “Full Payment” Checks in New York
by Bryan Lane Berson, Esq. Suppose a customer owes a vendor $75,000, but he gives a check for $50,000 and the memorandum says “full payment.” The “full payment” notation is a “restrictive endorsement.” Perhaps the customer is playing a stealthy trick. Perhaps he genuinely believes he owes $50,000. Regardless, the check is $25,000 short, and […]
Building Conflict Competence: Improve Conflict Resolution & Workplace Mediation
by Bryan Lane Berson, Esq. An organization should multiply individuals’ efforts. Personnel create goods and services, and customers transform them into revenues by purchasing them. Viewed as a supply-chain, departments within an organization are consumers of other departments’ products. Feuds, politics, and turf wars waste effort and distract personnel from serving customers and generating revenue. […]
Both Sides Can Win Through Mediation
by Bryan Lane Berson, Esq. “People began to feel that they could consult with me with some safety and without the danger of being involved needlessly in long and costly litigation in court….I suppose that they were more reasonable than other clients, for they usually settled their differences out of court.” – Calvin Coolidge Business […]
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