News & Analysis as of

Mediation

Holland & Hart - Your Trial Message

Consider Involving -Both- Sides in the Mock Trial

Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a...more

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

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Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

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The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

Lathrop GPM

Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the...

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A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

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Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

Miles Mediation & Arbitration

Moving Toward Resolution: The Importance of Systems for Mediators

In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...more

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

Miles Mediation & Arbitration

Pre-Mediation and Initial Caucus Strategies for a Successful Mediation

A successful mediation hinges not only on the mediator’s skill during the mediation session but also on preparation and work with counsel beforehand. Effective pre-mediation strategies are crucial in laying the groundwork for...more

Fox Rothschild LLP

Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing

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I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more

Foodman CPAs & Advisors

Mediación con el IRS

El 6/20/24, el IRS emitió el Consejo Fiscal 2024-59 para alertar a los contribuyentes que la mediación con el IRS puede ayudarlos a resolver sus problemas tributarios de manera temprana y efectiva. El IRS afirma que la...more

Foodman CPAs & Advisors

Mediation with the IRS

On 6/20/24, the IRS issued Tax Tip 2024-59 to alert taxpayers that mediation with the IRS can assist taxpayers to solve their tax issues early and effectively. IRS states that mediation with the IRS can be a more...more

Lasher Holzapfel Sperry & Ebberson PLLC

Handling Narcissistic Traits in Divorce Mediations (Strategies for Successful Settlement)

In the world of divorce proceedings, the term “narcissist” has become a common label. However, it’s important to understand that merely labeling a spouse as a narcissist does not necessarily influence the court’s decisions or...more

JAMS

Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

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Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the...more

JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

JAMS on

In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more

Miles Mediation & Arbitration

The Case for Mediating Estate Disputes: An Option for Probate Attorneys to Consider

If you’ve ever served as an executor, you may already know how complicated, stressful, and time-consuming the process can be. In fact, according to a recent study, the average estate takes the executor about 570 hours to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

NAM (National Arbitration and Mediation)

[Webinar] The Importance of Legal Ethics and the Mediation Process - September 10th, 1:00 pm ET

The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss...more

Fox Rothschild LLP

A Trial Is Not The Only Way To Settle Your Divorce

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Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more

Constangy, Brooks, Smith & Prophete, LLP

Three often overlooked keys for a successful mediation

“Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United...more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

Fox Rothschild LLP on

Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more

Bradley Arant Boult Cummings LLP

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

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