Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
What is alternative dispute resolution?
What is Mediation?
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Civilized Divorce through Mediation
Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly...more
In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more
It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a...more
In the health care industry, payors and providers often have claims for both underpayment and overpayment arising from ongoing contracts or other health care services rendered.
When claims arise between a payor and a...more
In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more
The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more
Woodland hills personal injury lawyer Barry P. Goldberg encourages mediation in almost every case he handles. In California, what is said and communicated in the mediation context is privileged and cannot be used in...more
Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more
Mediators typically attempt to settle cases by applying one of two approaches: facilitation or evaluation. Commercial litigators may be surprised to learn that the vast majority of disputes are resolved using the facilitative...more
2014 proved to be yet another transformative one for dispute resolution in the Middle East, as key business centres across the region made further, convincing strides towards cementing their reputation as robust jurisdictions...more
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more
It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more
After more than a dozen hours of tense and tiring mediation, the parties finally reach agreement. No one is happy but everyone is relieved, and now they want to go home. ...more
Most of you know arbitration and mediation as two different kinds of alternative dispute resolution. Some of you have even participated in one or perhaps both. But what exactly are they? How do they differ? And which one is...more
A previous post on this topic listed several actions by parties and counsel that can derail even the most straightforward mediation. This post continues that list.
Allowing someone with a separate agenda to influence...more
Late last year, a federal court in Florida issued a decision in favor of Church of Our Savior, which wished to build a place of worship on Beach Boulevard (“Property”) in Jacksonville Beach, Florida....more
The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more
In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of...more
As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you...more
Lawyers and mediators sometimes fail to appreciate that a mediation requires as much advance planning and consideration of strategy as a trial. Too often, lawyers (and some mediators) pick up the file a day or two in advance...more
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools available to them, including negotiation, mediation, arbitration and litigation. There are other devices,...more
Although an injury on the job can be inconvenient and frustrating to an Alabama employee, workers' compensation typically provides the coverage needed to obtain needed medical treatment. It also may provide payments for lost...more
The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them....more
A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled...more
In 2012, the FTC sued Wyndham and three of its subsidiaries after hackers broke into Wyndham’s corporate computer system as well as systems at several of its individual hotels from 2008 to early 2010, resulting in exposure of...more
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