What is alternative dispute resolution?
What is Mediation?
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Civilized Divorce through Mediation
In This Issue:
- Experts Predict ADR Will Help Resolve Affordable Care Act Claims
- ADR News & Case Updates
- Domestic Focus
..Supreme Court Ruling Expands Whistleblower Protections
Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but are often overlooked by the practitioner. First are the multiple opportunities for the...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
On 4 December 2013, the Paris-based International Chamber of Commerce (ICC) published its new Mediation Rules, which will come into effect on 1 January 2014, one year after the ICC’s new Arbitration Rules came into effect....more
In This Issue:
QnA with the JAMS Global Engineering and Construction Group; Engineering Mediations for Success; Who's in charge of this arbitration anyways?; and Notices & Events.
Excerpt from QnA with the JAMS...more
The American Arbitration Association (“AAA”) has recently amended its AAA Commercial Rules (the “Commercial Rules”), which apply to thousands of U.S. domestic arbitrations annually. The amendments take effect for all...more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation.
This year Belgium has already seen significant reforms in its arbitration rules. These innovative changes include the adoption of a new Arbitration Act and the adoption of new Arbitration and Mediation Rules by the Belgian...more
The length of a divorce proceeding in Maricopa County is dependent on several factors.
The first factor is dependent on the spouses. The increased conflict and animosity between spouses, along with attachment to...more
Every September brings excitement for thousands of children leaving the house for the first time and attending school and for those going back to school. The little yellow bus turning the corner also brings excitement and...more
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms...more
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