PACIFIC ADR MEDIATORS DO WHAT OTHERS DO NOT DO
202006.30
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PACIFIC ADR MEDIATORS DO WHAT OTHERS DO NOT DO

Over many years we have learned that selecting a mediator is not a rational process.  Instead, it is an entirely subjective process influenced by such irrational elements as rumor, hunch and gamesmanship.  Even a record of consistently excellent performance often takes a backseat to the aforementioned trio.  However, at Pacific ADR we recruit attorney/mediators who…

COVID-19: FINAL OFFER ARBITRATION IS ONE SOLUTION FOR LITIGANTS
202005.08
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COVID-19: FINAL OFFER ARBITRATION IS ONE SOLUTION FOR LITIGANTS

As state and federal court closures continue and pending civil trial dates vanish, arbitration, especially final offer arbitration, may emerge as an efficient, fair solution to a court backlog that is otherwise likely to increase massively. What are the advantages of final offer arbitration? Firstly, in this form of arbitration, the arbitrator’s discretion is limited…

NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS
202004.03
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NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS

What we think we know about human behavior during negotiations derives from an overwhelming volume of research studies grounded in a wide range of disciplines.  For example, the central point of Daniel Kahneman and Amos Tversky’s remarkably influential 1979 article in the journal Econometrica, Prospect Theory: An Analysis of Decision Under Risk on Prospect, has…

201805.07
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Defending Non-Traditional Healthcare Providers

Written by: Roger Hillman, J.D., 2018 Non-traditional, or alternative, medicine most often encompasses chiropractic, acupuncture and naturopathy. In Washington, as in most states, each of these is defined by statute. Statutes also set out the scope of practice for each, in some cases specifically identifying treatments that are permitted or prohibited. The one thing that…

201802.02
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Insurance: The Elephant in the Room in Professional Liability Mediation

by Roger L. Hillman, J.D. In the preparation for and participation in mediation, it is imperative that counsel, both for plaintiffs and defendants, be conscious of the critical role insurance has in resolving any liability matter. Personal (e.g. auto, homeowners) and commercial (e.g. CGL, professional liability) insurance policies impose on the insurer the “duty to…

201712.08
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Employment Mediation Update

By Andrew Kinstler, Pacific ADR Panelist Employment-related claims are increasingly common. Instead of going to trial, many of the parties involved in these cases are using mediation to resolve employment-related disputes. Here is a recent example of a Washington Supreme Court case related to employment issues that might affect how pending and future employment cases…

201707.05
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Healthcare Disputes Present Special Problems in Mediation by Kathy A. Cochran

Healthcare Disputes Present Special Problems in Mediation by Kathy A. Cochran, Panelist Mediating disputes arising from healthcare presents special problems.  These are generally medical malpractice actions, but occasionally also involve combined product liability/medical malpractice disputes.  There are also sporadic claims based upon HIPPA disputes for the inappropriate disclosure of private health information. First, the stakes…