Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations
An Uncompromising Insurer: What is a Policyholder to Do?
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
Identifying and Quantifying Government Contract Claims
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
DE Under 3: EEOC Studies Showing Online Mediation Preferred; Transgender Title VII Protections; May 2022 Employment Situation
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
Let's Talk Mediation, Arbitration, and Conciliation
Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Settlement and Mediation Strategy
Mediating Complex Insurance Coverage Disputes Series Part 3 – Breaking the Log Jam
Mediating Complex Insurance Coverage Disputes Series Part 2 – What Goes on in Mediation?
Mediating Complex Insurance Coverage Disputes Series Part 1 – Preparing For The Mediation
Episode 3.23: Rebecca Bratter of Greenspoon Marder on Life, Career, and Impacting the Community
What Will Happen at My Mediation?
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more
I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. For example, in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024),...more
In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more
How do you prepare for mediation? As a mediator of commercial and real estate disputes, I’ve found that some lawyers view mediation preparation as unnecessary and not the best use of their time. But failing to prepare almost...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more
As noted in our prior posts, the U.S. Supreme Court Justices (with the exclusion of Justice Clarence Thomas who was hospitalized on March 18) heard oral arguments on March 23, 2022, for ZF Automotive US, Inc. v. Luxshare,...more
Wage cases are stressful for everyone involved. Workers, sometimes representing a large, similarly situated group, feel as though they were systematically underpaid. Employers often feel as though they tried to comply with...more
1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more
To borrow from a popular travel destination slogan, what happens in mediation stays in mediation. Or does it? The answer currently is maybe, as a Delaware bankruptcy judge presiding over the Chapter 11 bankruptcy case,...more
Contractors interested in contracts with the Federal Aviation Administration (FAA) should be aware that FAA bid protests are different from protests involving other federal agencies. The FAA’s Office of Dispute Resolution for...more
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
Q: What should I expect if a civil lawsuit has been filed against me? A: The litigation process can be a lengthy affair. Usually a trial is scheduled a year or more after the petition was filed....more
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more
The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more
When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more
Do not underestimate the benefits of mediation. Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers. As attorneys, we know that is...more
As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more
In an unpublished opinion, Bander v. Isaacson, 2020 WL 1744539 (9th Cir. Apr. 8, 2020), the Court of Appeals for the Ninth Circuit addressed whether the Bankruptcy and District Courts had properly required potential litigants...more
There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more
Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be...more
I often warn clients at the outset of their divorce case that the process will likely take longer and be more expensive than they anticipate. In my 28 years of practice, I’ve never heard of a client expressing dissatisfaction...more
Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more