In a very noteworthy decision, the Connecticut Supreme Court recently reiterated its long-standing support for arbitration and the great deference it ordinarily gives to the factual and legal determinations of the arbitrators. In Kellogg v. Middlesex Mutual Assurance Company (326 Conn. 638), released on August 22, 2017, the Supreme Court reversed the trial court which
Alternate Dispute Resolution
Negotiation Styles in Mediation
By Jay H. Sandak on
Posted in Alternate Dispute Resolution, Mediation
Every mediation is nothing more than a “facilitated negotiation.” The mediator attempts to identify the different negotiation styles to determine whether they are compatible or adversarial. Obviously, if the styles are adversarial, the work of the mediator is more difficult.
Here is a summary of three common negotiation styles. Negotiators would be well served to…
Drafting Arbitration Clauses
By Jay H. Sandak on
Unfortunately, a great number of attorneys do not give a lot of thought when drafting an Arbitration Clause in a contract as a means for resolving any disputes arising under or related to the contract. They fail to appreciate that the nature and scope of the arbitration and the authority of the arbitrator are case…