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Mediation in the Equipment Finance Industry
Many of us have participated in mediation as a party or counsel. Perhaps it was a simple action against a lessee for default of a lease, a claim by a lessee that the leased equipment failed to perform, an action against a vendor or a claim that a lender failed to provide agreed-upon funds. Some have served as the mediator. I have filled all of these roles, serving countless times as counsel, as a mediator and, unfortunately, as a party. Others have heard of mediation, but have never participated. Still others have never heard of mediation, or confuse it with arbitration. This article discusses what mediation is, what happens at mediation, why mediate, what to look for in a mediator, and how mediation is an underused tool in the equipment leasing field.
What Is Mediation?
Mediation is a process in which a neutral third person called a “mediator” acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process, with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. Most importantly, in mediation the decision-making authority rests with the parties.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.