Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate
by Andrew Flake
Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.
Mediation Math — The Power of Combinations
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...
Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes
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,...
Generative AI and the Promise of Wider Online Dispute Resolution
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...
The Forest and the Trees: Drafting The Optimal Arbitration Clause
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...