This past year has seen a flood of allegations and admissions of sexual harassment in the restaurant industry.  It’s been clear to many that incidents of this nature have been occurring for a very long time in a wide variety of ways.  A spark was needed to bring the issue into the spotlight and the […]

Owners and management companies have a very murky legal environment where hotel management agreements are accompanied by contradictory and uncertain principles of common law.

In the negotiation of management agreements, owners take comfort from the performance test that in the most optimistic light will allow the hotel owner to terminate a management company that does not meet the standards of the performance test.

The major US hotel brands (e.g., Marriott, Hyatt, Hilton, InterContinental…) have become truly global in the past 20 years and many of them now franchise or manage more hotels outside the US than within the US. In the management agreements whereby these brand owners not only license their names and know-how for use by a […]

As a lawyer involved for over 30 years in the drafting and negotiation of contracts for the hospitality industry, I can assure you that disputes are inevitable. Even among parties such as owners and management companies that have the best working relationships, there will nevertheless be issues that cause discord. It is in how we […]

Mediation is becoming a “must” in many states prior to a judge hearing a case. Coming prepared for mediation will limit anxiety, expedites the negotiations, and has been proven to result in a higher chance of a resolution of the dispute.

When we think about alternative dispute resolutions, our first thoughts are likely go to mediation and arbitration. For these situations, a neutral third party is called upon to resolve the issue. In the case of a mediator, it’s by skillful intermediation to bring about a compromise. And in the case of an arbitrator, it’s a […]

Having represented management companies and owner/developers in projects ranging from five-star mixed-use luxury branded resorts to limited-service highway franchised hotels, I have had the opportunity to work on many branded management agreements, third-party management agreements (non-branded) and franchise agreements. From my years of experience, I’ve compiled a list of key terms and tips for you […]

In dispute resolution it is important to recognize that emotions among and between the parties will run the gamut…from anger, fear, grief, humiliation, frustration, and even fatigue to elation, gratification, and appreciation. Mediators often find themselves in a paradoxical position – on one side encouraging and empathizing with productive and often intense emotions, and at […]

In my three prior articles on alternative dispute resolution, I discussed mediation, expert determination and arbitration. Resorting to the court system may be necessary only because the parties in their agreements did not provide for the resolution of disputes by one of the three alternative dispute mechanisms. Even so, as the dispute devolves to one […]