News & Analysis as of

Mediation

Colorado House Bill 1279 stalls over 120-day unit owner election period

by Snell & Wilmer on

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect...more

Round-up of litigation and ADR procedure for in-house lawyers

by Dentons on

Specialist courts including the TCC to be referred to as the "Business and Property Courts" - From June 2017, the specialist civil courts will be called the "Business and Property Courts of England and Wales". The...more

Episode 4: John Cunningham Interview on Avoiding LLC Deadlock [Audio]

by Farrell Fritz, P.C. on

A huge percentage of limited liability companies consist of two co-equal, 50% members, which poses the danger of management deadlock and dysfunction leading to dissolution or other litigation. In this episode, you'll hear my...more

Episode 7: Conflict in the Family-Owned Business: A Conversation with Professor Benjamin Means  [Audio]

by Farrell Fritz, P.C. on

As many litigators will tell you, “business divorce on steroids” aptly describes the tenor of litigation that can erupt when members of a family-owned business have a falling out. No one has devoted more scholarship to the...more

Is Mediation Right for Your Dispute?

by PilieroMazza PLLC on

You’ve probably heard that few cases that are filed in court actually are resolved by a trial. Although reported statistics vary, most depict that upwards of 90 percent of litigation results in a pre-trial settlement. These...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Recoverability of adjudication costs: TCC shouts down Lulu

by DLA Piper on

In our previous article in this series, "Recoverability of adjudication costs: Is Lulu something to 'shout' about?", we predicted that parties may incorrectly see the TCC decision in Lulu v Mullaley as authority to claim...more

Episode 11: Mediating Business Valuation Disputes: Conversation with Arthur Rosenbloom  [Audio]

by Farrell Fritz, P.C. on

Mediation has grown in popularity as a means of resolving legal disputes in lockstep with the rising costs and delays attendant to litigation and arbitration, including business divorce cases. This episode features an...more

Mediating Business Valuation Disputes

by Farrell Fritz, P.C. on

Mediation continues to grow in popularity as a means of resolving legal disputes in lockstep with the rising costs and delays attendant to litigation and arbitration. Mediation allows the parties to air their grievances...more

Class Action Settlement Checklist

by JAMS on

As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since...more

The Merits of Early Neutral Evaluation

by JAMS on

I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties. In my book, for example, I address the...more

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

How to Prepare Your Client for Mediation

by JAMS on

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your...more

Expedite your Settlement Using Bracketing

by JAMS on

Give brackets a chance. No seriously, what have you got to lose? Lawyers often groan when the idea of bracketing comes up in mediation. But brackets can fast forward negotiations and avoid energy sucking baby steps when...more

New Jersey Seeks to Become Center Of International Arbitration

by FordHarrison on

New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the “Act”) on February 6, 2017. The Act provides the...more

FINRA to Require Web-Based Arbitration Filings

by Burr & Forman on

Effective April 3, 2017, all FINRA arbitration participants (except pro se parties) must use FINRA’s web-based DR-Portal to file and serve documents in both customer and industry arbitrations. ...more

Title IX Investigations in Need of Reform

by JAMS on

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

by Hassan Elhais on

Briefly summarize the non-court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration....more

First Circuit Provides Guidance as to When a Notice of Claim Triggers Policy Obligations

by Cozen O'Connor on

When does receipt of a pre-suit claim notice letter trigger an insurance carrier’s obligation to provide a defense and/or indemnity? In Sanders v. Phoenix Insurance Co., the First Circuit provided some guidance to this...more

Chris Lazarini Analyzes Right to Jury Under Section 4 of Federal Arbitration Act

by Bass, Berry & Sims PLC on

Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more

Litigation and enforcement in Japan: overview

by Morrison & Foerster LLP on

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress

The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between...more

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

by Burns & Levinson LLP on

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter...more

Construction Group News: What Happens in Mediation Stays in Mediation

by Murtha Cullina on

The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass....more

Florida Judges Say State Needs More eDiscovery Mediators: eDiscovery Trends

by CloudNine on

You’d think I lived in Florida as much as we’ve covered it lately, both good and not so good. This story, for the first state to require technology CLE for attorneys, could be true in many other states as well....more

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