Mediation

News & Analysis as of

Alternative Dispute Resolution in Texas – Trends and Tips

According to statistics from the Texas Office of Court Administration, the number of civil lawsuits tried to jury verdict has steadily declined over the years while the number of lawsuits filed annually has increased. One...more

The Need for Speed: The Delaware Rapid Arbitration Act

The Delaware Rapid Arbitration Act (DRAA), 10 Del. C. §§5801-581, which became effective this month, provides a new, speedy, and relatively low-cost arbitration process for commercial disputes through the Delaware Court of...more

Dance Your Own Dance

Don’t let the other side control your negotiations. Parties often will structure their negotiations based on their perception of the reasonableness of the offers or demands made by the other parties. Frequently, I hear...more

There Are No Do-Overs in Mediation

Most mediations begin and end in a single day. As much as the parties would benefit from a leisurely pace to explore all the factual and legal issues, today’s practice is to schedule only one day, or even a half-day, to...more

IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides...more

Should Court Approval Be Required to Engage in Mediation?

Alternate Dispute Resolution is an accepted alternative to litigation, consists primarily of arbitration and mediation. Arbitration involves the disputing parties presenting their arguments to a mutually agreed upon neutral...more

Planting The Seeds For An International Rule Of Law -The Commercial Court Of England And Wales And The SICC

The Singapore International Commercial Court (SICC) was launched on 5 January 2015 to complement international commercial arbitration services provided by the internationally recognised Singapore International Arbitration...more

Mediation- How Much Agreement Do You Really Need?

The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more

Mediation Impasse-Busting Techniques

There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s...more

Sticks and Stones May Break Your Bones but Names Will Never. . .Settle Cases?

Since the mediation regulation passed, I have had the opportunity to act as mediator in many workers’ compensation cases. The skills of the attorneys on both sides in the S.C. Workers’ Compensation bar are truly humbling to...more

The California Supreme Court - What to Expect in 2015

On Wednesday, April 29, 2015 at 11 a.m. PDT/2 p.m. EDT, Sedgwick attorneys Kirk Jenkins (Chicago), Hall Marston (Los Angeles) and Michael Walsh (Los Angeles) presented a webinar titled “The California Supreme Court: What to...more

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

Alternate Dispute Resolution [Video]

David E. Mark, Esq. and Oren Bitan, Esq., discuss Alternate Dispute Resolution...more

Mediation: settle your case on your own terms

The number of civil trials throughout the United States continues to decline. Mediation is a significant factor in the decline of the civil jury trial. More businesses and individuals are turning to mediation to resolve...more

Mediation Pilot Program Caps Year of OSC Enforcement Developments

On May 1, 2015, the Enforcement Branch of the Ontario Securities Commission (OSC) will launch a mediation pilot program. This program caps a year that has seen significant changes to the OSC’s approach to initiating and...more

Paths to Dispute Resolution [Video]

In order to understand the best approach to solving a business dispute, counsel must understand the client's business objectives. A need to win at all costs will drive one particular strategy, while a need to resolve the...more

Use Your Dating Experience To Improve Your Mediation Success

What does success in mediation have to do with dating? PREPARATION. Remember what it was like when you used to go on first dates? How many were a disaster because you weren’t prepared for the date? ...more

Any Extra Invitations to Mediation?

At times, the parties to an upcoming mediation seek to waive the requirement of some to attend mediation, when a better question might be, “who else should be invited?” ...more

Senator Allain Proposes Mandatory Mediation in Legacy Lawsuits

Legacy litigation refers to hundreds of lawsuits in Louisiana seeking damages allegedly related to environmental harm caused by oil and gas exploration and production activities. These lawsuits have been likened to winning...more

Want To Improve Your Mediation Success? It's As Simple As Picking The Right Pair Of Shoes

What does getting better mediation results have to do with picking the right pair of shoes? Let me explain. If you have practiced long enough, you probably have a go-to mediator. Why? Because like your favorite pair of...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 10, 2015

REAL PROPERTY UPDATE - Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more

Minimizing the Litigation Risk with Mediation

Litigation is defined in numerous dictionaries in various ways. One definition is “The legal process of spending a lot of time, effort and money in court proceedings which may or may not resolve a dispute between two or more...more

Mediation: Confidentiality and Enforceability

An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement...more

Should any business sign a contract that includes an arbitration clause? [Video]

Should any business sign a contract that includes an arbitration clause? Panel discussion featuring Jeffrey Lewis....more

Joint Sessions: Are Lawyers Right to Hate Them?

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

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