Mediation

News & Analysis as of

Dealing With Trade Secret Thieves: Strategies for Cost-Effective Settlement

Trade secret thieves are almost always an employee or business associate. They are known, generally held the trust of the business, and are perceived as traitors. The urge for retribution against such trade secret thieves can...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

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

Defending against Product Liability Down Under

In this second collaborative blog post with the Australia-based law firm DibbsBarker, we take a look at the litigation process for product liability claims in Australia and how in some ways it differs from the process in the...more

Competition Tribunal Issues Mediation Practice Direction

KEY TAKEAWAYS: - Guidance document describes the mediation process for any proceeding before the Competition Tribunal (Tribunal) by a judicial member of the Tribunal or the Federal Court - Mediation is voluntary,...more

Back to Basics: Mediation

- What is mediation? Mediation is essentially negotiation but with the added assistance of a neutral, independent third party mediator appointed jointly by the parties. ...more

Ten top tips for mediation

Ten top tips - Consider the possibility of mediation regularly and keep any decision not to mediate under review. - Be alive to the fact that the courts are very keen to encourage mediation. If you don’t mediate you...more

Make the Most of Your Mediation: The Neighbor Dispute

Disputes between neighbors are among the most blistering battles in the courthouse. As one advocate observed during a break in Day 3 of Hatfield v. McCoy, “At least in a divorce, one of the parties moves out of the house.”...more

Car Accident Mediation? — It’s Confidential!

Woodland Hills car accident attorney Barry P. Goldberg always recommends mediation to his clients whenever a resolution cannot be obtained through informal negotiations. Often, these are cases that are litigated and hotly...more

Part Two: Ten Tips to a Successful Mediation: From the Mediator's Perspective

In part one of my article, I discussed five tips you should follow prior to the mediation conference to best achieve a successful result. I will now discuss five more tips you should use at the mediation conference which will...more

Car Accident Mediation? —- Yes, Please!

Woodland Hills personal injury and car accident attorney Barry P. Goldberg is a very strong believer in mediation in every case possible. Mediation serves many purposes even if a case cannot be resolved. On behalf of my...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

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

Part One: Ten Tips to a Successful Mediation: From the Mediator’s Perspective

In the last 20 years, in addition to my litigation practice, I have mediated over 2,000 employment cases. Having mediated this many cases, it is no surprise I have seen the good, the bad and the ugly in mediations. The...more

Getting to “Yes”!

In their book, “Getting to YES, Negotiating Agreement without Giving In,” Roger Fisher and William Ury discuss alternatives to positional negotiating. It is a must read for all mediators and a strongly suggested read for any...more

Diversity Matters

A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented. It may be a long slow journey to create more representative panels...more

Seventh Circuit Reinforces the Importance of Memorializing Agreements in Mediation

Put it in writing. How many times have those four words been uttered in the course of commerce? Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more

Early Mediation of Insurance Coverage Disputes

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

Bankruptcy and Creditors' Rights News: Distressed Assets in Connecticut: What to Know Before Jumping In

There are many benefits for out of state lenders or investors looking to engage in business in Connecticut, one of the wealthiest (per capita) states in the United States of America. For example, Connecticut has relatively...more

Truths and Myths About Divorce Mediation

When clients visit my office for an initial consultation about their impending divorce, they invariably ask about the benefits and pitfalls of mediation. Over the last several years, the use of alternate dispute resolution...more

Beware the midnight clause: Hold the champagne?

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

Nevada Supreme Court Holds That Failure to Comply With Contract’s Mediation Provision Bars a Suit on the Contract

In MB America, Inc., v. Alaska Pacific Leasing Company, 132 Nev. Adv. Op. 8 (February 4, 2016), the Nevada Supreme Court was presented with an appeal from an order granting a summary judgment in the defendant’s favor because...more

For Whom the Bell Tolls - Only a Complete Litigation Stay Extends the Five Year Rule For Bringing a Case to Trial

On February 25, 2016 the Supreme Court of California in Gaines v. Fidelity National Title Insurance Company, et al. (Court of Appeal B244961, Superior Court Case BC361768), affirmed the lower courts’ holdings that a partial...more

Reforms to European Union Trade Mark Law

The European Union recently adopted new legislation introducing miscellaneous reforms to EU trade mark law. The reforms are numerous and include the adoption of a new designation for the Community trade mark itself and...more

Major Changes to the Commercial Division Rules and What They Mean for New York Litigants

For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more

Fees & FINRA

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

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