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After 30 years of practicing law, I served as Mayor of Tucson for eight years. In that time I had many opportunities to use the skills I had learned as an attorney to act as a Mediator to solve what looked like intractable problems for parties that thought their differences were irreconcilable: Rio Nuevo, Neighborhood […]
Most of our relationships are built on trust and we believe that if we did not trust someone we would not do business with him or her. Strangely, many of us fear that a written agreement signals a lack of trust. Professional relationships, however, are unique because they involve an exchange of goods or services […]
A Developer’s Duties Land developers starting residential subdivisions that have covenants, conditions & restrictions (CC&Rs) and a homeowners association (HOA) have extraordinary influence over the long-term value of the communities they create. Because the CC&Rs often give developers almost total control over a subdivision, the law imposes certain duties on them. Among these are the […]
You have probably heard of arbitration before, but you may not understand what the concept means. If you don’t want to take your case to court, arbitration is an alternative. How can you tell when arbitration is the best move for you? Here are some of the most frequently asked questions about arbitration—and the answers. […]
In the recent Ninth Circuit decision in O’Connor v. Uber, the Ninth Circuit reversed an order of the district court denying Uber’s Motion to Compel Arbitration. Rather than address the issue of whether Uber Drivers were employees or independent contractors, the Ninth Circuit simply reversed the lower court decision that the arbitration provisions were unenforceable. […]
When litigation is necessary, a seasoned attorney can advocate effectively on your behalf. However, litigation does require considerable resources of both time and money. Many cases can benefit from exploring a resolution outside the courtroom. Talk to an attorney who has experience in mediation and arbitration to find out if one of these avenues may […]
The Court of Appeals for the Ninth Circuit has ruled that employees may be required to consent to arbitration of all Title VII claims as a condition on employment in Equal Employment Opportunity Comm’n v. Luce, Forward, Hamilton & Scripps, aligning the Ninth Circuit with the rest of the country on this issue. Now, employers […]
Whether you are a plaintiff or defendant engaged in litigation, or are someone faced with litigation which has not yet been filed, you will probably be counseled by your attorney to consider mediating your dispute. Many people confuse “mediation” with “arbitration.” Mediation is defined in the American Heritage Dictionary as “an attempt to bring about […]
Most folks who sue someone angrily, in an effort to redress a wrong that was done to them, say “I only want my day in court.” But having your “day in court” these days is not a sure thing. The court systems in Arizona’s two most populous counties are struggling to deal with a mountain of […]
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