Mediation

News & Analysis as of

Washington Amends Foreclosure Mediation Procedures

On March 31, Washington Governor Jay Inslee signed into law HB 2723, which amends the foreclosure mediation process established by the 2011 Foreclosure Fairness Act. The bill, which takes effect June 12, 2014, amends the...more

E-Discovery Neutrals – Four Questions

As electronic discovery issues permeate all kinds and sizes of litigation and arbitration, there are a minimum of four questions counsel should, and judicial officers might, consider in determining whether use of an...more

Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

What to Expect at Mediation in Arizona’s Justice Court System

A little known fact is that in Arizona very few debt collection cases make it to trial. Most debt collection lawsuits either end up with a default judgment because the person being sued didn’t file an Answer with the court,...more

Ontario Government’s Bill 171 Threatens Access to Justice for Personal Injury Plaintiffs

In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The Bill proposes concerning changes to the process that an injured...more

NMB Publishes New Strategic Plan

Executive Summary: The National Mediation Board (NMB) has published an updated Strategic Plan. This follows a December 2013 report from the Government Accountability Office (GAO) faulting the previous 2012 Plan. Of particular...more

How to Prepare for Mediation

Mediation is a voluntary process in which the parties jointly select a neutral third party facilitator to help reach resolution of all or some of the issues in their divorce proceeding....more

Co-mediation: Not Just for Family Law or Personal Injury Cases

Recently I mediated a case where the parties were all new to mediation, so I took more time explaining what mediation is, is not and its benefits. A benefit in any mediation, of course, is that, because the parties control...more

Avoid Financially and Emotionally Draining Litigation with Mediation

Mediation is one of several Complementary Dispute Resolution Programs governed by New Jersey Court Rule 1:40. Mediation provides the parties in a family law matter with the opportunity to resolve their issues in a structured...more

Implications for Mediation of Patent Infringement Suits from Investors in Patentees Case

Most mediators will agree that a key to reaching a settlement is to have the right people in the room at the mediation. Unless all interested parties are represented by people having the authority to settle on their...more

Commercial Dispute Resolution: Assessing the Supremes

Partners in the Supreme Court practices of US law firms pick the most important commercial cases heard in 2013 and plot the court’s course over the next 12 months. Amir Tayrani, a partner in the Washington, DC office...more

The A, B, C’s of EEOC

You’ve found yourself in an EEOC mediation, with a charge that should not be particularly worrisome. But now, your supposedly neutral mediator is shaking his head and reporting that you can almost certainly expect to be sued...more

Five Things You Didn’t Know about Class Action ADR

For both plaintiffs and defendants, class action litigation is time-intensive, costly and requires close oversight from start to finish. As a result, parties are increasingly turning to alternative dispute resolution (ADR)...more

Utica And Century Ordered To Mandatory Mediation In Reinsurance Dispute

Utica Mutual Insurance Company brought an action in 2013 against Century Indemnity Company (itself and against certain of its named predecessors) for breach of contract and breach of the duty of utmost good faith, as well as...more

Four Tricks That Make Mediation Work

If your business finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom. Most lawsuits settle before judgment, and increasingly litigants are turning to...more

What is Mediation? [Video]

Phoenix business law firm Jaburg Wilk's Family Law Specialist Mitchell Reichman discusses what mediation and why being prepared is crucial. He also talks about what strategies are needed to be successful in mediation. For...more

Costs Sanctions For Failing to Respond to an Offer to Mediate: A Warning to Litigants in the UK

A recent UK Court of Appeal judgment demonstrates a clear and unequivocal endorsement of mediation and makes clear that a party who refuses to acknowledge or engage in an invitation to participate in mediation can face...more

Coming Clean

Orange - There isn't a single dispute formula that will resolve all disputes before him. But with trust and honesty as parts of the process, cases are more likely to end in settlement, according to JAMS mediator Jonathan H....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

Commissioner Amy Pitter Announces Impressive Mediation Goal: One-Third of All Disputes Involving $250,000 or More To Be Mediated

Boston, February 10, 2014 - In her remarks before the Annual State Tax Conference of the Massachusetts Society of CPAs at the Sheraton Framingham on Thursday, January 23, 2014, Commissioner Pitter announced an impressive goal...more

Mediation or Arbitration: What’s the Difference?

When people disagree, they have choices on how to resolve their dispute. They can lawyer-up, file a lawsuit, and let a judge or jury decide who wins. They can also try to resolve the matter between themselves, they can engage...more

New Mediation Law in UK Geared to Divorcing Couples

Despite the efforts of a group of 6,500 mediators and millions of pounds spent by the government on advertising and diversion efforts, divorce mediation languished in Great Britain. The London Times reported that “only half...more

Mediation Opening Statements: You Gotta Know When To Hold 'Em, Know When To Fold 'Em

In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim adjustment, and an insurer...more

Mandatory Mediation for Every Fifth Case in New York County’s Commercial Division?

The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate...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

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