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All posts by: Bob Meynardie

In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates, their role in the opening session is to soften the other side. This generally means...
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.” Some settlements feel more like wins than others and settlement alone is not the right...
Dueling Statutes As we first described before the federal statute was enacted, the owner of a trade secret in North Carolina now enjoys the protection of both the Federal Defend Trade Secrets Act and North Carolina’s version of the Uniform...
In 1865, Karl Marx postulated that the value of any commodity is determined by the amount of labor that was required to produce that commodity. Few, if any, economic theories have proven to be more completely wrong. As Ronald Baker...
Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is exponentially more difficult. Contractors and subcontractors are entitled to extensions...
In my experience, apologies in business or civil litigation mediation are the exception not the rule.  There may be good reasons for this but you should never underestimate the potential of a good apology for reaching a resolution.   Amongst...
Under North Carolina law, pay when paid clauses are unenforceable. Simple enough, in theory. To be more specific, “payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor...
Although virtually any contract provision can impact the outcome of a dispute, most significant contract disputes are determined by how risks are allocated in a small set of clauses, our top ten. This post begins a series on risk allocation...
I preface this post with the disclosure that in my practice I serve both as an arbitrator — AAA administered and privately administered — and as an advocate in arbitration. In talking to lawyers throughout North Carolina, I hear the...
This post is part of our Guided Choice Mediation series, where we explore what it is, why it improves on traditional mediation, and how it works. Guided Choice Mediation is an evolving process that expands and builds on more common place facilitated settlement...