No Good Deed Goes Unpunished
201811.08
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No Good Deed Goes Unpunished

Paying Employees to be on Duty During Lunch Exposes Employer to Double Damages Andy Kinstler, JD, Mediator, Pacific ADR Consulting Employer-side attorneys in Washington have long used the “bona fide” dispute defense to avoid the “hammer” of double damages in wage withholding litigation.  That defense took a serious blow in the case Hill v. Garda,…

201811.06
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Top 10 Tips for a Successful Mediation

10 TIPS TO PREPARE FOR MEDIATION A clear majority of civil cases end up in mediation before trial as a result of statute, court rule or by agreement of the parties.  Most mediations occur in one day or less.  Given that many cases are factually or legally complex and inspire intense emotions of the parties,…

INSURANCE-THE ELEPHANT IN THE ROOM IN PROFESSIONAL LIABILITY MEDIATION
201808.02
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INSURANCE-THE ELEPHANT IN THE ROOM IN PROFESSIONAL LIABILITY MEDIATION

By Roger Hillman  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 defend” any…

201808.02
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Profile of the Month – Paul Swegle

Paul Swegle is a business attorney living and working in Seattle. During his career he has drafted and negotiated countless domestic and international commercial agreements, participated in more than 500 litigation, arbitration and mediation matters, and helped lead corporate financing and M&A transactions totaling more than $11 billion. Paul currently serves as general counsel to…

201807.16
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Recommended Book

By Gregg Bertram CONTRACT DRAFTING AND NEGOTIATION FOR ENTREPRENEURS AND BUSINESS PROFESSIONALS, BY PAUL SWEGLE, BUSINESS LAW SEMINAR GROUP 2018. Seattle attorney Paul Swegle has written a very valuable book covering contract negotiation and drafting.  Mr. Swegle’s book should be required reading for every business transactional attorney, business trial lawyer and executive.  Why?  Well, the…

201807.13
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Every Now and Then Mediation Saves a Marriage

By: Paula L. McCandlis  Every marriage is different, likewise so is every divorce.  Even with differences, a dissolution of marriage can be categorized as: easy, single issue, complex and failures.  A typical single-issue dissolution is the decision of what to do with the family home. Another single issue involves dividing community debt.  A complex dissolution is any…

201807.13
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Profile of the Month – Janet George

Janet George has been practicing family law for over 35 years and is widely recognized as one of the top family law attorneys in the state of Washington. She limits her practice to complex, high asset and high income cases, including those involving property characterization, business valuations, and the distribution of multi-million dollar estates. She…

201806.06
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Employment Arbitration: Controversy Unleashed

BY GREGG BERTRAM COPYRIGHT 2018 It is no secret that arbitration has in general become a controversial alternative dispute resolution (ADR) process.  In recent years there have been many challenges to the validity and fairness of arbitration awards by litigants aggrieved by unfavorable arbitration results. Forced employment arbitration in particular has received heated criticism from…

201806.06
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Profile of the Month – Diana Shukis

Diana Shukis is a principal with the law firm Garvey Schubert Barer.  Diana partners with employers to assist them in the wide-range of personnel issues that arise for virtually every business, for example, workplace harassment and discrimination, compliance with wage and hour and paid sick time laws, and managing leaves of absence and accommodations.  Diana’s clients…