Having tried over 60 trials to verdict, litigated at least a couple hundred more and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes: The best route to resolution—like water—is the path of least resistance. read more

Alternative Dispute Resolution or "ADR" is traditionally thought of as an "alternative" to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, ADR is quickly changing from "Alternative" Dispute Resolution to "Additive" Dispute Resolution. Instead of becoming an alternative to litigation, it has become an alternative to trial only. But this is not necessarily a bad thing, because while most people understand that they can file a lawsuit to assert their rights, few people understand whether they have a right to ADR methods or how to initiate them if they do. read more

In a 6-3 decision issued on Christmas Eve, the Washington Supreme Court sided with condominium developers in upholding arbitration clauses incorporated into condominium purchase and sale agreements. read more