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,…

201610.27
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Commercial Mediation: A Different Animal

By Gregg Bertram Are there fundamentally different dynamics present when mediating a commercial dispute versus a trust and estate or negligence case?  Generally, although some commercial mediations may require intensive financial and document analysis, the emotional quotient is often every bit as high in business disputes as it is in any other kind of litigation. …

201610.26
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Commercial Arbitration: How Arbitrators Think

By Gregg Bertram Pacific ADR  Copyright 2016 Even though currently under attack from many quarters, arbitration remains at this writing a popular means of resolving commercial and other disputes.  Unlike civil litigation in the court system, however, rarely is there a record of arbitration proceedings.  Indeed, many arbitration agreements expressly require that it be a…