Mediation

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Start Spreading the News: Mandatory Mediation Comes to New York

As someone who started her legal career as a litigator, I, like many other litigators, viewed mandatory mediation with both skepticism and some suspicion. When my client was sent to court-ordered mediation by a judge in the...more

Make the Most of Your Mediation: The Brief

Lawyers wonder, what’s the point of writing a good brief when it seems that judges barely skim them? Judges grumble that briefs are notoriously dense and barely readable. And yet an informative and concise brief is the...more

Open Letter About Mediation Services

Christopher G. Hill and The Law Office of Christopher G. Hill announce their mediation services....more

Meditating on Mediating, Part Two: Louie’s Top Five Tips

In a recent post, we discussed the reasons to mediate and how the process can be bewildering – in a Lewis Carroll sense – to first-time E&O defendants. This time I’m sharing my Top Five Tips for an effective mediation....more

Mediating with Whistleblowers Who Have Suffered Retaliation

Winston Churchill once said, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” Whistleblowers take it upon themselves to stand up and speak when they believe something is...more

Meditating on Mediating: Why Settle for Less?

A member of a “miscellaneous” profession – one that doesn’t require a professional license, as do doctors, lawyers, and many others – can find an “errors & omissions claim” as disorienting as a long fall down Alice’s rabbit...more

It’s the Mediator’s Form Agreement—Not Yours

Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the...more

Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity...more

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation

As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S....more

Mediation Tips: Bidding against Yourself—For Fun and Profit

Without a doubt, the words mediators most often hear from counsel are “I won’t bid against myself.” This phrase is engraved as immutable law in the hearts and minds of virtually all counsel who come to mediation. By this,...more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

2014 Resolutions Series: Don’t Just Throw in the Towel

A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more

What Is The Difference Between Mediation And Arbitration

Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different...more

JAMS Global Construction Solutions Newsletter, Spring 2014

In This Issue: - Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate - Critical Issues For Parties To Consider When Selecting An Arbitrator - Obtaining Testimony And Documents From...more

Five Things You Didn’t Know about Mediation

Mediators are always learning about what helps – and what doesn’t – when it comes to resolving disputes. This is what makes them effective at finding common ground between parties. There is always something new to learn about...more

Confidentiality Clauses and Privilege: A Delicate Balance

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

When Mediation Makes Sense: A Win for Employers and Employees

A recent article in the New York Times discussed a new law giving unpaid interns in New York the right to sue if they are harassed or discriminated against by an employer. The legislation takes effect in June, a time of year...more

A Digest of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules: A More Liberal Development of Arbitration Practice in...

After splitting from the China International Economic and Trade Arbitration Commission (the CIETAC) through the notable “CIETAC split” event in 2012, the Shanghai International Economic and Trade Arbitration Commission (the...more

The Antidote to the Spiteful Litigant

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

Trial, Arbitration, Mediation: New Study Compares Customer Satisfaction

Vindication! It’s the dream of every defendant who has found his or her name on the south side of the “v.” in the caption of a lawsuit: to watch that sleazy jerk who sued me walk away from the courthouse with nothing to show...more

What is alternative dispute resolution?  [Video]

Phoenix business law firm Jaburg Wilk's attorney Neal Bookspan talks about what alternative dispute resolution, mediation and arbitration are in Arizona. For more information visit www.jaburgwilk.com...more

Make the Most of Your Mediation: Early Preparation

Your mediation is months away. Is there anything you can do today to create success on your big day? Here are three sure-fire winners. 1. Develop an elevator pitch. In 30 seconds, summarize the essential and persuasive...more

Selective Way Ins. Co. v. Schulle, Western District of Virginia

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

A Significant Development In Alternative Dispute Resolution

On March 24, 2014, the U.S. Supreme Court denied certiorari in Strine v Delaware Coalition for Open Government, Inc., 2014 US Lexis 1984, and let stand a ruling from the Third Circuit (733 F3d 510). The Third Circuit ruling...more

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