News & Analysis as of

Mediation Arbitration

Is Mediation Right for Your Dispute?

by PilieroMazza PLLC on

You’ve probably heard that few cases that are filed in court actually are resolved by a trial. Although reported statistics vary, most depict that upwards of 90 percent of litigation results in a pre-trial settlement. These...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

Expedite your Settlement Using Bracketing

by JAMS on

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

FINRA to Require Web-Based Arbitration Filings

by Burr & Forman on

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

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

by Hassan Elhais on

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

Litigation and enforcement in Japan: overview

by Morrison & Foerster LLP on

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

Using ADR to Streamline the Complex Case

by JAMS on

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

Treating with the Enemy: Civil Collaborative Practice

by Ward and Smith, P.A. on

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong....more

JAMS Global Construction Solutions Newsletter, Summer 2016

by JAMS on

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining...more

Health Care Matters, Summer 2016

by JAMS on

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest...more

Federal Court Has Subject-Matter Jurisdiction To Decide Petition To Compel; Determines Party Did Not Waive Arbitration By Agreeing...

by Carlton Fields on

Despite a pending motion to compel arbitration in state court, a party (MetLife) petitioned a Tennessee district court under the Federal Arbitration Act for the same relief. As that Act itself does not create federal-question...more

Artists, Entertainers and Mediation: Where the paths meet

by JAMS on

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t...more

Judges Disclose How They Prep Complex Cases For Settlement

by JAMS on

From employment-related class action suits and racial discrimination cases to movie studio executives in dispute with producers over a ?lm in the entertainment industry, mediation is becoming the preferred way to avoid costly...more

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

by Butler Snow LLP on

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

Early Mediation of Insurance Coverage Disputes

by JAMS on

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer...more

Beware the midnight clause: Hold the champagne?

by JAMS on

Is it time to celebrate? - It’s midnight. The champagne is on ice. It was a tough negotiation but your attorney got all the key terms you wanted. With a few finishing touches on the contract, the deal will be done...more

Fees & FINRA

by JAMS on

Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar...more

Resolving UK construction disputes

by Dentons on

Our construction disputes briefing highlights litigation, arbitration and ADR developments and is aimed at in-house lawyers in the construction industry. For more information on any of the topics below, please contact one of...more

Online Dispute Resolution – European Commission publishes its link to the “ODR” Platform

by Dentons on

ODR – a recap - ODR is a form of dispute resolution which uses technology to facilitate the resolution of disputes by using techniques such as e-negotiation and e-mediation....more

Alternative Dispute Resolution (“ADR”) – Is It Right For You?

by Tucker Arensberg, P.C. on

Parties to a legal dispute often bemoan the costs. The expense of hiring a lawyer, the business disruption caused by management’s focus on the legal problem at hand, the time away from work spent by employees who have to...more

JAMS Global Construction Solutions Newsletter, Fall 2015

by JAMS on

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper...more

Importance of Neutrality

by JAMS on

October 12 kicked off the 2015 ABA Mediation Week. This year’s theme is “Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future.” Lawyers and mediators understand both the...more

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

by JAMS on

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

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