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- What is the client’s role in the mediation?
- Discuss whether the client will speak directly with mediator and/or the other party
- Discuss whether an apology to or from a party might be appropriate
- Discuss whether an opening presentation at mediation is desirable or appropriate
- Are there desirable non-monetary solutions, such as future business or payment in-kind?
by Guest Blogger Michael R. Lied
Usually, it is up to a court to determine if parties to an agreement have decided to let an arbitrator decide disputes under that agreement. But not always.
Simply Wireless sells cellular telephone goods and services to consumers and provides advertising, marketing, and distribution services to other businesses in the telecommunications industry. Simply Wireless is the registered owner of multiple trademarks using the name SIMPLY WIRELESS. Simply Wireless is also the originator and owner of the trademark SIMPLY PREPAID in connection with the sale of cellular telephone goods and services.
T-Mobile also provides cellular services. Although T-Mobile and Simply Wireless compete, they have partnered on several projects. T-Mobile and Simply Wireless partnered on a project by executing a contract referred to as the “HSN/QVC Agreement”. Continue reading Reference To JAMS Rules in Contract Allows Arbitrator to Decide Arbitrability