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Mediation Contract Drafting

Ruder Ware

Resolving Business Disputes

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and...more

Kilpatrick

3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses

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Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more

JAMS

[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel

JAMS on

Laura Abrahamson, Esq., FCIArb, is featured in a CCBJ Perspectives podcast discussing how her career as in-house counsel informs her approach to ADR - In fall of 2020, Laura Abrahamson, Esq., FCIArb, transitioned from her...more

Greenberg Glusker LLP

[Webinar] Dispute Resolution Provisions: One Size Does Not Fit All - January 26th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

At the beginning of a contractual relationship, dispute resolution is usually the last priority. But at the beginning of any contract dispute, locating the applicable dispute resolution provision is often the first priority....more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Holland & Knight LLP

Running With Scissors: Avoiding Mishaps When Drafting Agreements at the End of Mediation

Holland & Knight LLP on

• An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement that will be entered into by the parties at a later date. • Occasionally,...more

Burns & Levinson LLP

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

Burns & Levinson LLP on

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

JAMS

Beware the midnight clause: Hold the champagne?

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

Brooks Pierce

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

Brooks Pierce on

You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more

Bennett Jones LLP

Confidentiality Clauses and Privilege: A Delicate Balance

Bennett Jones LLP on

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

Baker Donelson

Is Your ADR Clause Enforceable?

Baker Donelson on

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

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