News & Analysis as of

Mediation

Mediation 101: A Primer

by JAMS on

The growth in the use of mediation to settle a wide variety of disputes means more and more parties – and their lawyers – are considering this alternative to litigation. As mediation grows in popularity, it might be...more

MEDIATION: Where the Confidentiality Ends

by Nexsen Pruet, PLLC on

There is little room for argument; the information and documents exchanged during mediation are confidential. Rule 8 of the South Carolina Alternative Dispute Resolution Rules provides, in part...more

Three Lessons about ADR

by JAMS on

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but often overlooked by the practitioner. First are the multiple opportunities for the alert...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

Refusing to engage in ADR

by Dentons on

The courts have repeatedly held that a failure to engage in alternative dispute resolution (ADR), and in particular mediation, may constitute unreasonable conduct and therefore risks a costs sanction. A recent Court of Appeal...more

JAMS Boston Newsletter, Summer 2017

by JAMS on

Early Mediation: A Magic Bullet? - More than 90 percent of the cases in Superior Court eventually settle before or during trial. In the majority, counsel are content to let discovery and dispositive motions play out; they...more

Episode 013: Interview with Justice Carolyn E. Demarest (Ret.) on Business Divorce Litigation

by Farrell Fritz, P.C. on

During her many years as Presiding Justice of the Brooklyn Commercial Division, New York Supreme Court Justice Carolyn E. Demarest (Ret.) decided some of the most important and challenging business divorce matters including...more

Employment Claims Tribunal, Enhanced Tripartite Mediation Come to Singapore

by Morgan Lewis on

Singapore’s employment landscape has recently witnessed a marked shift toward being more employee friendly, making it easier for a wider range of employees to bring employment claims in a low-cost and expeditious manner....more

Making the Most of a Half-Day Employment Mediation

by JAMS on

Parties opt for half-day mediations in employment cases for a variety of reasons. Such mediations are often scheduled in close proximity to hearing dates for summary judgment motions, class certification motions or even...more

The ADR Imperative to Ensure Access to Justice

by JAMS on

On July 6, a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—will gather in London for the latest event in the Global Pound Conferences...more

Minnesota Legislature Revises Minnesota Common Interest Ownership Act

by Stinson Leonard Street on

In recent years, very few condominium projects have been developed in Minnesota despite strong demand from potential condominium homeowners. Many developers attribute their reluctance to build condominiums to litigation risk...more

Co-Mediation When Two Heads Are Better Than One

by JAMS on

Who is the perfect mediator for your next case? Is it someone who can size up the room quickly and delve into the meat of the matter? Or perhaps this time you need an empathic listener who can give a wounded party his day in...more

Employment Matters Newsletter, Summer 2017

by JAMS on

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and...more

What You Need to Know about a Car Insurance Dispute

If you’ve been named as the party responsible for a car accident in San Fernando Valley by an insurance company, you have the right to dispute their decision. Here’s what you need to know about car insurance disputes in...more

Tax Law Changes in Saudi Arabia

by Jones Day on

On June 11, 2017, the Saudi Arabian Excise Tax Law ("Excise Tax Law"), as enacted by Royal Decree No. M/86 and dated 27/8/1438 H / May 23, 2017, came into force in Saudi Arabia. The new law implements the GCC Unified...more

Hong Kong Permits Third Party Funding of Arbitration

by Latham & Watkins LLP on

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and...more

The Importance of Listening

by JAMS on

As a mediator and arbitrator for the last 10 years, I’ve seen my share of communication disconnects, especially in emotionally charged disputes. As someone with a Ph.D. in communications, I understand that the root of these...more

Arbitration and Mediation in Hong Kong: Financial Assistance on the Way

Hong Kong has traditionally been reluctant to allow claimants’ legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute. By virtue of legislation passed earlier this...more

Just get on with it: more reasons to mediate (and a look at some of the excuses people use to avoid ADR)

by Dentons on

The courts can sanction parties who unreasonably refuse to mediate their dispute or who fail to mediate where it is appropriate. So why do some parties still plough on with litigation or arbitration proceedings? In this...more

[Webinar] Help from the Dark Side: A Litigator’s Perspective on Commercial Real Estate Issues - June 22nd, 12:00pm CT

by Thompson Coburn LLP on

The presentation will focus on three key legal issues, ADR, Liquidated Damages, and Letter of Intent. These issues should be considered well in advance when contemplating a possible real estate transaction as they can lead...more

New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims

by Hellmuth & Johnson PLLC on

Important changes to Minnesota law were recently made that will affect real estate developers, builders, associations and unit owners. Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (“MCIOA”),...more

Embrace Failure: Get A Good Result in Mediation

by JAMS on

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before. It was dark as I took my early morning walk with my dog, Red, while...more

Should a Statement Made at Mediation Ever be Used in Court?

by Kelley Drye & Warren LLP on

We have been watching with some concern recent developments in a much-publicized gender discrimination action filed in DC federal court by a female partner and practice group head in the Washington, D.C. office of Proskauer...more

Dispute Resolution Alternatives in Latin America

by Zelle LLP on

The Cornell University Law School Legal Information Institute defines “Alternative Dispute Resolution” (ADR) as “any method of resolving disputes other than by litigation”. Arbitration and mediation are the two main forms of...more

From a doodle to the Grand Bargain

by JAMS on

How the bankruptcy in Detroit was resolved through mediation - Judge Rhodes: Detroit’s problems were well known long before it filed bankruptcy in July 2013. Because it was insolvent, its municipal services were inadequate...more

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