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Blog – “The Art of Resolution”

Return home Blog – “The Art of Resolution”

Mediation Math — The Power of Combinations

Posted on May 28, 2024

by Andrew Flake

As mediators, we often find ourselves at the intersection of complex disputes and seemingly irreconcilable positions. But what if I told you that one of the keys to unlocking creative settlements lies in a simple middle school math concept – combinations? Both of my...

Mediation Math — The Power of Combinations Continue reading…

Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes

Posted on May 11, 2024

by Andrew Flake

For commercial parties entering into a contract, the opportunity to select where a dispute will be heard is an advantage. Thus it is, in a contract entered into before a dispute arises, we have forum-selection clauses in favor of a particular location and court,...

Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes Continue reading…

Generative AI and the Promise of Wider Online Dispute Resolution

Posted on March 25, 2024

by Andrew Flake

Since I took a first look ChatGPT in November 2022, the world of generative AI, in the area of litigation and ADR as elsewhere, has been on a remarkable journey. Recognizing the transformative nature of...

Generative AI and the Promise of Wider Online Dispute Resolution Continue reading…

Card Not Valid: Badgerow and Post-Award FAA Jurisdiction

Posted on February 27, 2024

by Andrew Flake

I recently discovered, with some surprise, that it was again time to renew my library card -- and that I'd need to trek down in person! Imagine, in this era of online convenience... At about the same...

Card Not Valid: Badgerow and Post-Award FAA Jurisdiction Continue reading…

More Than One Way to Loosen the Knot: The Power of Options in Mediation

Posted on February 1, 2024

by Andrew Flake

I have blinds on my office window and one morning not long ago, I noticed a knot, really a tangle, that seemed much larger than I remembered. I decided to untie it, and after a painstaking length of...

More Than One Way to Loosen the Knot: The Power of Options in Mediation Continue reading…

The Forest and the Trees: Drafting The Optimal Arbitration Clause

Posted on January 17, 2024

by Andrew Flake

I participated recently in a discussion on alternative dispute resolution in IP disputes -- mediating and arbitrating trademark and patent infringement cases, and particular challenges that can arise. One of the topics we took up, which...

The Forest and the Trees: Drafting The Optimal Arbitration Clause Continue reading…

When Tech Meets Tact: Envisioning the Mediation of the Future

Posted on January 5, 2024

by Andrew Flake

It was New Year's Day last year when I first wrote about ChatGPT and the advent of widely-available AI. Since then, even for a time when intertwined technology and new advances are a commonplace, things have...

When Tech Meets Tact: Envisioning the Mediation of the Future Continue reading…

The Lawyer’s Creed and Successful Mediation: Some Holiday Reflections

Posted on November 28, 2023

by Andrew Flake

It's 11:50 p.m. You're preparing to hit send on an email to opposing counsel, a lengthy and powerful epistle that will surely send them scrambling. Suddenly, you feel a chill. A wind whistles through your office. Was...

The Lawyer’s Creed and Successful Mediation: Some Holiday Reflections Continue reading…

Management and Process in the Mass Arbitration: From Concepcion and Beyond

Posted on November 8, 2023

by Andrew Flake

It was this very week, in November 2020, that counsel argued AT&T Mobility LLC v. Concepcion, a case that, when decided the following year, would end up refashioning the management and resolution of collective disputes in...

Management and Process in the Mass Arbitration: From Concepcion and Beyond Continue reading…

The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part II

Posted on October 3, 2023

by Andrew Flake

An expensive piece of business litigation, particularly in the IP world and with companies interacting on an ongoing basis, always provides us some useful reflection. In our last post, we looked at a protracted piece of...

The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part II Continue reading…

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678.528.1688
Atlanta, GA
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