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Allocation Methodology

This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Make the Most of Your Mediation: Effective Negotiations

Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome: 1. Bring everything you…more
| Alternative Dispute Resolution (ADR)

$1B Settlement Reached in Stryker Hip Implant Mass Tort

Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Products Liability

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Privacy, Intellectual Property

The Impact of Competition Law in the Mediation of Patent Disputes

Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for…more
| Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property

Mediation Decision-Makers Need “Decision-Quality Information”

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate? In…more
| Alternative Dispute Resolution (ADR)

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many cases…more
| Commercial Law & Contracts, Labor & Employment Law

Prepare for Mediation Success: Six Tips for Writing a Strong Brief

Writing a persuasive brief is one of the most important things an attorney can do to prepare for mediation of a business dispute. A good brief provides the opposing side with information they need to consider. Perhaps even more…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

Eight Tips on How to Impress Your Arbitrator

While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. Below is one arbitrator’s…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Moving from Preparation to Negotiation – How to Cause Failure in Mediation – Part 1

Much has been written advising of various tips to make mediations work. Let’s address ways folks are making sure their mediations fail! Here are a few: Mediating too early: Early stage mediation is a very effective method…more
| Alternative Dispute Resolution (ADR)

From Bench to Mediator — Some Observations about the Transition

As the 2014 Mediation Week kicks off, I wanted to share my perspective about transitioning from a judge to a neutral. So far this experience has been incredibly rewarding and very interesting. I thought my clients would enjoy my…more
| Alternative Dispute Resolution (ADR)

The Evolution of International Commercial Dispute Resolution: From One Size Fits All to Bespoke Suit

Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

The Promise and Perils of “Med-Arb”

When disputing parties tire of mediation (because it is too “weak”) or fear arbitration (because it is too “controlling”), they seek an Alternative Dispute Resolution solution that is “just right.” Recently, I’ve heard a number…more
| Alternative Dispute Resolution (ADR)

Reimagining Arbitration

The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. Litigation…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Experts Predict ADR Will Help Resolve ACA Claims

The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as…more
| Alternative Dispute Resolution (ADR), Health
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