HunterMaclean partner Shawn A. Kachmar discusses why mediation can be a beneficial way to resolve business disputes.
Alternative Dispute Resolution: Does the Manifest Disregard Standard for Vacating an Arbitration Award Still Exist?
By Patrick L. Barkley, published in the Spring 2012 issue of the American Journal of Trial Advocacy.
When faced with a complex legal dispute, parties involved should consider alternative dispute resolution, particularly mediation, before turning to litigation.
Alternative dispute resolution is a general term that describes a variety of non-traditional methods used to resolve cases. The most common of these methods are mediation and arbitration. Arbitration is a more formal process that involves increased rules, procedures and the intervention of a third-party adjudicator who typically acts as the judge and jury.
By Wade W. Herring, II, published on November 28, 2000, in Employment Publication.
“But wait a bit,” the Oysters cried,
“Before we have our chat;
For some of us are out of breath,
And all of us are fat!”
The Walrus and the Carpenter by Lewis Carroll
Does obesity constitute a disability under the Rehabilitation Act of 1973 or the Americans with Disabilities Act? Statistics indicate that the percentage of Americans who are overweight is steadily increasing. The United States Court of Appeals for the First Circuit decision in the case of Cook v. State of Rhode Island, Dept. of MHRH renewed debate about whether obesity is a disability protected by law.
By Wade W. Herring, II, published on January 9, 2000, in Employment Publication.
Sexual harassment in the workplace has been of increasing concern for employers and employees over the past 15 years. What is sexual harassment, and what can employers do to prevent it? Under what circumstances are employers liable for sexual harassment? What should employees do when they believe that they have been harassed?
SEXUAL HARASSMENT — AN ELUSIVE DEFINITION. Fundamentally, sexual harassment is discrimination because of sex, illegal under Title VII of the Federal Civil Rights Act of 1964.