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You Know ADR, But What About EDR?

Blog Post

Featured in the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's "The Briefs"

BMD Member Bob Hager and Partner Jessica Hew recently co-authored a featured article for the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's magazine, "The Briefs." Discover their insights on strategically selecting dispute resolution methods and effective implementation tips by reading the full article here. 

Resolution of Legal Disputes
Most lawyers are familiar with mediation and arbitration as alternative forms of dispute resolution. Contracts often require the parties to engage in non-binding mediation as a condition precedent to filing a Complaint or Demand for Arbitration. Local Rules of Court and Case Management Orders often include provisions for court-ordered mediation as a method of reducing the number of civil actions which proceed to trial. Lawyers have various tools available to help clients resolve their disputes. Strategic selection of the preferred dispute resolution method must be made by attorneys and their clients on a case-by-case basis.

While litigation is necessary and appropriate in certain circumstances, it certainly has disadvantages as pointed out by Abraham Lincoln:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good [person]. There will still be business enough.

With these words of wisdom in mind, lawyers should be creative when deciding how to bring value to and best serve their clients.

Read the full article in the Cleveland Metropolitan Bar Journal or the Orange County Bar Association's "The Briefs."


What a CID Actually Means for Your Business

A Civil Investigative Demand (CID) is often a company’s first sign of a government investigation, but how a business responds in the first thirty days can shape the entire outcome. This article explains what a CID is, the common mistakes companies make, and why early involvement of experienced counsel is critical to managing risk and avoiding escalation.

AI and Healthcare: Utilization and Risk Mitigation

AI adoption in healthcare is rapidly increasing, with most physicians reporting improved patient care. While tools like AI scribes and automation can enhance efficiency and reduce burnout, providers must ensure accuracy, maintain oversight, and comply with regulations. Emerging Ohio legislation and increased payor audits further highlight the need for careful implementation and legal guidance.

The Life Cycle of a Deal: From NDA to Closing

This article provides an overview of the key stages in a healthcare transaction, from the execution of a non-disclosure agreement through closing and post-closing adjustments. It addresses important considerations such as selecting the appropriate transaction structure, conducting due diligence with a focus on regulatory compliance, negotiating material terms, and preparing transaction documents. Understanding each phase can help position both buyers and sellers for a more efficient and successful transaction.

The Ring Camera Conundrum: Navigating Neighbor Disputes in a Digital Age

Neighbor disputes are nothing new, but the rise of Ring cameras has added a modern layer of complexity. This article outlines practical tips for managing everyday conflicts, preserving key evidence, and understanding when to seek legal guidance.

Breach of Fiduciary Duty: Are Your Business Interests Protected?

A fiduciary has a legal duty to act in your best interest, but when they prioritize their own gain, it can lead to serious financial consequences. Learn what constitutes a breach of fiduciary duty, common examples like self-dealing and misappropriation of assets, and how to determine if you have a claim.