Archive for: March, 2018

Standard Alternative Dispute Resolution (Arbitration and Mediation) Clauses

I often hear litigators and clients complaining that the process of arbitration is flawed and does not deliver on its aspirations to provide a cheaper, quicker alternative to litigation in court.  My response is that they are not really upset with the process of arbitration or mediation, but with the person who drafted the Alternative Dispute Resolution clause in their contract.  The Arbitrator must administer the arbitration proceed pursuant to how the parties wrote the agreement.  Therefore, as I wrote in this post, if you want a better process, write a better contract.  I have endeavored to provide both my preferred standard ADR clause (with explanations), but also some alternative model arbitration, mediation, and ADR clauses from other trusted sources.  The drafter should determine the process which will best benefit each client and draft the clause accordingly.

The italicized language below explains the rationale behind clauses and why one might choose that clause over another alternative.[1] (more…)


March 02, 2018



Celebrated local non-profit becomes permanent program at Easterseals Nevada

LAS VEGAS – In an effort to expand its reach and create occupational opportunities for adults with disabilities, Easterseals Nevada has acquired Toys 4 Smiles, a local non-profit organization dedicated to creating toys from scrap materials for children in need.  A staple in the valley for more than a decade, Toys 4 Smiles will continue operating as a permanent program within the Easterseals Nevada organization.

Created in 2005, Toys 4 Smiles began as a community-based campaign by founder Rex Doty to manufacture wooden toy cars for underprivileged children in the Las Vegas valley. Each toy starts as a simple block of donated scrap hardwood and ends as a polished wooden car, created entirely by retired volunteers. Since its inception, the non-profit has donated over 300,000 cars to first responders and philanthropic organizations such as Safe Nest, The Shade Tree, Opportunity Village and Candlelighters Childhood Cancer Foundation of Nevada.

“We have long admired Toys 4 Smiles’ mission to bring quality toys to children who need it most,” said Brian Patchett, president and CEO of Easterseals Nevada. “By bringing them into the Easterseals family we are able to both ensure longevity for their mission and extend additional services to bring smiles to those in need.”

With this acquisition, Toys 4 Smiles cars will also be used to assist in developmental therapy for children with disabilities and will enhance services at Easterseals new Children’s Therapy and Autism Clinic. Additionally, instead of relying only on volunteer woodworkers, Easterseals will expand the program to create occupational opportunities for veterans and adults with disabilities who have completed its Community Training Services program, providing adults with disabilities the opportunity to earn a paycheck. In an effort to create a seamless transition, Toys 4 Smiles president and founder Rex Doty and board members Donovan Thiesssen and Jay Young have joined the Easterseals Nevada Board of Directors to spearhead the expansion efforts for the program.

The Toys 4 Smiles workshop is currently located at 4315 Dean Martin drive. For more information, please visit or call (702) 870-7050.

About Easterseals Nevada

Since 1950, Easterseals Nevada has been advocating for, and working with, infants, children, youth and adults who have disabilities and other challenges.  We work to address our community’s social service gaps, and to leverage partnerships and other strategic opportunities to increase participation in economic and civic life for all people.  Easter Seals Nevada is one of Nevada’s largest community disability agencies serving more than 9,000 people with disabilities and their families each year. To keep up with Easter Seals Nevada’s news and events, follow us on Twitter @EasterSealsNV and like us on Facebook or visit our website at



Media Contact:

Dayna Calkins

Kirvin Doak Communications – 702.737.3100


Las Vegas: James Kohl and Jay Young, of Howard & Howard in Las Vegas, have been reappointed Settlement Judges by the Nevada Supreme Court for a second three-year term.

The announcement was made by Nevada Supreme Court Justice Ron Parraguirre.

The Nevada Supreme Court has mandated that certain matters on appeal participate in an Alternative Dispute Resolution (ADR) program to mediate disputes before an appeal is heard.

The Settlement Judges, who serve as impartial third parties, dont rule on the cases they hear. Instead, they work with the parties in communicating their interests to promote a mutually acceptable resolution to the dispute.

According to the Court, its Settlement Judges are required to have a high level of training and experience as professional mediators. Over half of the cases assigned to the ADR program settle with the assistance of a Settlement Judge.

Kohl, a partner at Howard & Howard, has been an arbitrator and mediator for the State Bar of Nevada Fee Dispute Committee and an arbitrator for the Nevada Courts Annexed Arbitration Program. In addition, he acts as a private mediator.

Recognized by his peers as an outstanding attorney, Kohl is AV-rated by Martindale-Hubbell. He has also been named to the Nevada Business Top 100 Lawyers and to Mountain State Super Lawyers.

Young, also a partner with the firm, is a national panelist with the American Arbitration Association, an arbitrator/mediator with Advance Resolution Management and an arbitrator with the Better Business Bureau.

In addition, Young is AV-rated by Martindale-Hubbell and has been recognized by Mountain States Super Lawyers, Best Lawyers in America, Nevada Business magazine Legal Elite and Vegas, Inc. Top Lawyers.

About Howard & Howard

Founded in 1869, Howard & Howard is a full-service law firm with a national and international practice that provides legal services to businesses and business owners. The firm has offices in Michigan (Ann Arbor and Royal Oak); Illinois (Chicago and Peoria); Las Vegas, Nevada; and Los Angeles, California. Howard & Howards major areas of practice include: bankruptcy and creditors rights; business and corporate; commercial litigation; employee benefits; environmental; estate planning; franchising; intellectual property; labor, employment and immigration; mergers and acquisitions; real estate; securities; and tax. Our distinguished backgrounds provide us with a solid understanding of the industries we serve, including, automotive and industrial; cannabis; commodity futures; construction; energy and utilities; financial services; gaming; healthcare; and hospitality. For more information, please visit the firms website at

  • Stacey M. Parzuchowski
    Marketing & Communications Manager
    Howard & Howard Attorneys PLLC
    450 West Fourth Street, Royal Oak, MI 48067
    (248) 723-0412