Mediation

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How to Prepare Your Client for Mediation

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

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

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

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

Timing of a Mediation

Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the...more

Title IX Investigations in Need of Reform

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

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

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

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

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”

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

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

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

Can You Compel An Insurance Carrier Representative To Attend A Mediation In Person?

You've undoubtedly been in a mediation where the lawyer on the other side has asked for a break so she can call her client's insurance carrier in order to get a response to your latest settlement offer. You wait -- reliant...more

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties...more

Using ADR to Streamline the Complex Case

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a...more

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties...more

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

New York Federal Court Pilots Mandatory Mediation Program for FLSA Cases

The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA). Effective October 3, 2016, any federal wage and hour cases that are assigned...more

Best in Law: Want to Cut Legal Costs? Avoid Litigation

BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more

SDNY Adopts Pilot Mandatory Mediation Program for FLSA Cases

As we all know, wage and hour litigation continues to soar to record highs. We expect 2016 will be another record year and that the revisions to the white collar exemptions effective December 1st will further increase the...more

Interesting Issues In Legal Ethics

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal Ethics.” The presentation...more

Creating and Maximizing Enforceable Settlements

Settling a case may be the culmination of years of litigation or a strategic move at the outset to avoid litigation costs. Many times, settlement occurs at some point in between. Regardless of when the settlement occurs, it’s...more

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

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