IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more
| Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Make the Most of Your Mediation – The Personal Injury Case

Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still happens…more
| Alternative Dispute Resolution (ADR), Personal Injury

Federal Arbitration Case Update | The Powers that Be

Following are two interesting and recent federal court rulings related to arbitration. Arbitrator Has Authority to Rule on Whether He Can Change His Mind - United Brotherhood of Carpenters and Joiners v. Tappan Zee…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Personal Injury

Importance of Neutrality

October 12 kicked off the 2015 ABA Mediation Week. This year’s theme is “Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future.” Lawyers and mediators understand both the…more
| Alternative Dispute Resolution (ADR)

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a young…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services, Personal Injury

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure

How Likely Am I to Win? Risk, Uncertainty & the Turkey Illusion

When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award…more
| Alternative Dispute Resolution (ADR)

New Impasse-Busting Techniques – Part 2

I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late…more
| Alternative Dispute Resolution (ADR)

Understanding the benefits of a private judge in California

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial dates…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Whistleblower Cases are Custom Tailored for ADR

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

Mediation – Is the Joint Session Still Alive?

Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts
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