Dispute Resolution

News & Analysis as of

In Defense of Joint Sessions

Sophisticated ADR users increasingly instruct their neutral to skip the joint session and get down to business. They have grown weary of listening to tiresome opening statements and wary of encountering angry outbursts. Yet...more

Ontario Securities Commission Willing To Accept “No-Contest” Settlements

On March 11, 2014, the Ontario Securities Commission (the “OSC”) adopted the following enforcement initiatives aimed at encouraging cooperation from market participants and streamlining its dispute resolution process...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

ADR: A Silver Lining within the Legal Industry’s “New Normal”

Most pundits of the legal industry agree that the Great Recession of 2008-2009 changed the practice and the business of law forever. A number of widely read reports has identified these seemingly permanent changes as the “new...more

Can business partner disputes be defused? Can a client avoid expensive litigation?  [Video]

Phoenix business law firm Jaburg Wilk's partner Neal Bookspan discusses how to defuse the tension and emotional nature of a dispute between business partners. He then talks about how expensive and extended litigation can be...more

The Growth of ADR in Brazil

ADR has been gaining momentum in Brazil for many years, sparked in part by a rise in foreign investment, the export of capital abroad, and distinct public policy shifts. The Brazilian Supreme Court affirmed the...more

CFPB's Arbitration Study—A Warning to Consumer Financial Service Companies

On December 12, 2013, the Consumer Financial Protection Bureau published its “Arbitration Study Preliminary Results,” mandated by Section 1028(a) of the Dodd-Frank Act (the “Study”). Unfortunately (and despite its statements...more

JAMS Dispute Resolution Alert - Winter 2013

In This Issue: ..In Depth: Why ADR Can Help Address the Rising Tide of Copyright Litigation ..ADR Conversations: How the Failure to Settle Affects the Workplace for Both Employees and Companies ..Domestic Focus:...more

CFPB’s Preliminary Report: Financial Consumers Can Only Avoid Arbitration By Using A Credit Union

Say it’s twenty degrees below zero outside, and you’d already seen boiling water turn into “snow” immediately upon making contact with the air, what would you do next? Assuming you were all caught up on your Words With...more

Is Conciliation Just Another Hoop or Must the EEOC Make a Meaningful Attempt at Settlement Before Commencing Litigation?

Voluntary compliance is a core component of federal anti-discrimination law. The drafters of Title VII and other anti-discrimination statutes never envisioned a regulatory system where the government would use the courts to...more

Successful Strategies For Doing Business In Asia: Japan

1. What role does the government of Japan play in approving and regulating foreign direct investment? Generally speaking, foreigners can conduct business in Japan on an equal legal footing with Japanese citizens. The...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International...more

To Mediate or Fight, the Choice is Yours; or is it?

The case of Halsey v. Milton Keynes General NHS Trust [2004] 1 WLR 3002 was a landmark case on the way in which the courts treated mediation. That case clarified that an unreasonable refusal to participate in alternative...more

Can't We All Just Get Along?

The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and,...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

American Arbitration Association Adopts Optional Appellate Arbitration Rules

The American Arbitration Association (AAA) has adopted a new set of Optional Appellate Arbitration Rules (the “Appellate Rules”) that became effective on November 1, 2013. Under the Appellate Rules, parties may agree, either...more

Credit Law Regulatory Update – The Year in Review and What’s Next

The 23rd Annual Credit Law Conference was held on 2 October – 4 October 2013 and attended by over 200 delegates from the financial services industry. The Conference provided an informative overview of key changes that will...more

Doing Business in Japan

I am pleased to present to you DLA Piper’s “Doing Business in Japan” Guide. Japan is the world’s third largest economy and remains cutting-edge in business. In 2012, 68 Global 500 Companies were headquartered in...more

The Importance of Culture in Conflict Resolution

JAMS had the honor of supporting the 2013 ABA Mediation Week in October. The theme for the 2013 ABA Mediation Week was “Making a World of Difference.” JAMS partnered with local bar associations, community organizations and...more

The Netherlands updates its Arbitration Act

Although the Netherlands is not yet recognised as a traditional seat for international arbitration when compared to established seats such as France (Paris), the United Kingdom (London) and Switzerland (Geneva), its...more

Innovative changes for Belgium’s arbitration rules

This year Belgium has already seen significant reforms in its arbitration rules. These innovative changes include the adoption of a new Arbitration Act and the adoption of new Arbitration and Mediation Rules by the Belgian...more

Spreading ADR Best Practices around the World

Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms...more

Changes to Rhode Island Foreclosure Statute Require Mediation for Certain Foreclosures

Changes to Rhode Island foreclosure law are set to become effective for certain mortgage foreclosures on September 12, 2013. New Section 34-27-3.2 entitled “Mediation Conference” has been added to Rhode Island General Laws,...more

Illinois Court Addresses Distinction Between Claim and Potential Claim

In its recent decision in Lexington Ins. Co. v. Horace Mann Ins. Co., 2013 U.S. Dist. LEXIS 127544 (N.D. Ill. Sept. 4, 2013), the United States District Court for the Northern District of Illinois had occasion to consider...more

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