Making the Arbitrator’s Job Easier

This article originally appeared in Colorado Lawyer – August/September 2017.  Reprinted with permission. This article offers suggestions to help counsel achieve cost-effective and successful arbitrations by making the arbitrator’s job easier. These days, few civil litigators are strangers to arbitration because contractual provisions to arbitrate are common. Put simply, in arbitration the parties have contractually […]

Pot and Real Estate

This article originally appeared in Industry Experts – Mediation and Cannabis Real Estate Issue Reprinted with permission. The two important issues to keep in mind when dealing with cannabis real estate issues are: first, it remains a federal violation; and second, state and local laws are moving targets and need to be updated for each […]

Athlete Drug Testing: Coming to a Race Near You

Reproduced by permission. ©2017 Colorado Bar Association 46 The Colorado Lawyer 19 (Jan. 2017). All rights reserved. Amateur as well as professional athletes are subject to drug testing. This article describes what happens to athletes who provide positive samples to the U.S. Anti-Doping Agency. Every weekend in our outdoor-oriented state, hundreds of people compete in […]

Current State of Marijuana and Employment Issues: A Moving Target

Current State of Marijuana and Employment Issues: A Moving Target by Cathy A. Klein Reprinted from Colorado Trial Lawyers Association/Trial Talk – June/July 2015   “Just can’t turn a no into a yes without a maybe in between.” President Francis Underwood, “House of Cards”   Marijuana law in Colorado and throughout the country is an […]

A Basic Guide to Preparing for Mediation

A Basic Guide to Preparing for Mediation Hon. Ken Plotz and Joe Epstein, Esq. Introduction Settlement is more of a process than an event. Proper preparation for mediation can hopefully lead to the final step in that process. If the lawyer and the client are fully prepared before a mediation session, the process of mediation […]

Effective Pre-Mediation Evaluation of the Commercial Case

Effective Pre-Mediation Evaluation of the Commercial Case by Charles R. Ledbetter and Julie McCurdy Williamson Careful pre-mediation case analysis is key to a productive mediation. This article discusses important aspects of evaluating the commercial case, arriving at a reasonable range of settlement value, and making a persuasive presentation at the mediation. “Before everything else, getting […]

Now Offering Mediation Express

What mediators really want to hear

Three veteran mediators tell what you should do and say to put your best foot forward in negotiations. Mediation is a very different setting from trial. Instead of a judge or jury, you must persuade a mediator–as well as your opponent–to reach a settlement. So how should you approach a mediation? What really persuades a […]