News & Analysis as of

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

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

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

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

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

ICC Launches New Mediation Rules

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

JAMS Global Construction Solutions -- Fall 2013

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

American Arbitration Association’s Commercial Arbitration Rules Revised

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

New Jersey Court Holds That A Mediator May Not Also Serve As An Arbitrator

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. ...more

Is Your ADR Clause Enforceable?

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. ...more

Innovative changes for Belgium’s arbitration rules

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

How Long Will My Divorce Take in Maricopa County?

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

Back to School and Back to Court, Litigating your Divorce and Custody Matter

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

Spreading ADR Best Practices around the World

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

Resolving Islamic Finance Disputes

The number of Sharia-compliant products and transactions has grown enormously over the past decade. Many of the contracts that underpin Islamic finance transactions are governed by English law or the law of another country,...more

JAMS Dispute Resolution -- Summer 2013

In This Issue: U.S. Supreme Court Rules on Class Arbitrations; ADR CONVERSATIONS; ADR News & Case Updates; DOMESTIC FOCUS - Handling the Oncoming Tide of Generic Top-Level Domain Name Disputes; GOOD WORKS - Innovative...more

Real Estate Tip – How to Resolve Easement Disputes

Declarations of easements covenants and restrictions and reciprocal easement agreements are common tools used by neighboring businesses to define the use and maintenance of shared spaces – from parking lots and roofline...more

Top 10 Strategic Considerations When Drafting Dispute Resolution Clauses in Cross-Border Contracts

Parties to the growing number of cross-border transactions should anticipate the inevitable cross-border disputes and specify the methods for dispute resolution in advance. International arbitration offers two key...more

Arbitration Clause Tips

If you decide to agree to an arbitration clause, then you should carefully consider what issues you want to address in the clause. ...more

Taking advantage of ADR in the entertainment industry - IP cases in the entertainment industry are great candidates for mediation...

As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality alternative dispute resolution (ADR)...more

Are lawsuits bad for business?

Litigating commercial disputes is generally considered a necessary evil by some and a waste of time and money, by others. I have never heard anyone except trial lawyers say that they are truly happy about being in a good...more

Study Of Corporate Counsel Shows Arbitration Is Past Its “Tipping Point,” Usage Declining

A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation....more

Five Things Every Executive Should Consider When Faced with a Business Dispute

Like many lawyers of my generation, I was inspired by the passion, professionalism and speed television lawyers like Perry Mason brought to delivering justice for their clients. Later, as a young lawyer practicing in Los...more

Bar Bulletin - Volume 31, Issue 4 - December 2012: Candor and Truthfulness in Alternate Dispute Resolution

Originally published in The King County Bar Association on December 12, 2012. An attorney’s fundamental duty to tell the truth is mandated by the Rules of Professional Conduct (RPCs), but the line between...more

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