Category: ADR Handbook

by Hesha Abrams. Intellectual property disputes, especially those involving patents, offer some unique mediation challenges. The time frame for resolution, in particular, depends heavily on a few key crossroads in the case. Hesha Abrams shares insights on when those timing vortices appear, plus strategy to deal with corporate politics and optics of a deal. Full Chapter Here

by John Allen Chalk. Arbitration begins with a contract, but often does not end there. If one of the parties challenges the arbitration agreement, the court where the arbitration dispute lands must first address whether a valid arbitration agreement exists. If the answer is yes, then the court must assess whether the asserted claims are within the scope of the agreement. These two questions can both open the door for courts to decide that more is on the arbitration table than one, or both, of the parties thought. John Chalk walks through the issues that can arise. Full Chapter Here

by Trey Bergman. Mediation skills are key to a successful practice. But if no one knows about your fabulous skills, they won’t beat down your door to hire you. That’s where marketing comes in, of course. Trey Bergman outlines 7 habits of marketing that will help build a successful mediation practice. Full Chapter Here

by Hon. Guadalupe Rivera (Ret.). Mediation isn’t unheard of at the appellate level courts in Texas, but on the whole it’s used infrequently. Hon. Guadalupe Rivera (Ret.) digs through the data and shows which appellate courts make the most frequent use of ADR referrals, and details all the appellate courts’ policies on mediation. Full Chapter Here

by Lawrence Maxwell, Jr. & Sherrie Abney. Texas adopted its collaborative law statute in 2001. Sixteen other jurisdictions have adopted a collaborative law statute as well. Despite this gain in traction, collaborative law remains a mystery for many attorneys and mediators alike. Lawrence Maxwell and Sherrie Abney lay out the relevant history of the collaborative law movement, and its importance to mediators, beyond those in the family law sphere. Full Chapter Here

by Eric Galton. What can lawyers do to improve their mediation outcomes? Successful outcomes, Eric Galton says, start when the lawyers are setting up the mediation itself. Galton walks through a comprehensive list of issues to consider, including who should attend, when and what type of settlement documents should be exchanged in advance of a mediation, and tips on working effectively with the mediator. Preparation is, not surprisingly, the key to a successful mediation.   Full Chapter Here

by Gene Roberts & John DeGroote. Assuming mediation skills are equally strong, what makes one mediation practice more successful than another? Gene Roberts and John DeGroote informally surveyed more than 75 top mediators to find out. When it comes to the logistics of running a successful mediation practice, certain tips and tools surfaced consistently from this elite group. Roberts and DeGroote share the details and specifics culled from their research. Full Chapter Here