Arbitration vs. Trial
Alternate Dispute Resolution
Paths to Dispute Resolution
Should any business sign a contract that includes an arbitration clause?
Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
What is alternative dispute resolution?
What is Mediation?
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Civilized Divorce through Mediation
On August 19, 2015, OSHA issued new policies and procedures (Compliance Directive: CPL 02-03-006) for applying a new process for resolving whistleblower disputes. This directive is OSHA’s attempt to institute an early...more
Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct -
Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) -
This is an...more
The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more
I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential.
The confidentiality of mediations and of settlement discussions generally – the idea...more
WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral?
MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was...more
Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting...more
Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules -
Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more
A generation ago, mediation of construction disputes was unusual. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts...more
I just finished a construction arbitration this past week, which also explains my sporadic posts as of late, sorry.
Coincidentally, on July 1, 2015, the American Arbitration Association (“AAA”) implemented their newly...more
In what can only be perceived as a response to a recent Superior Court decision, the Rhode Island General Assembly amended the applicability of the Foreclosure Mediation Law, R.I. Gen. Laws § 34-27-3.2, for the third time in...more
As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more
As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar.
Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more
It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more
It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more
Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more
In too many transactions, the dispute resolution clause is treated as mere boilerplate. In fact, dispute resolution clauses present an opportunity for lawyers to add significant value to their clients’ transactions. Giving...more
This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more
We previously reported that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal...more
One way to challenge the very existence of an agreement to arbitrate is to say that the parties’ contract said nothing about arbitration and did not validly incorporate any other document calling for arbitration. Oklahoma...more
How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in...more
The American Arbitration Association recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised Rules, which became effective on July 1, "further align the AAA Construction Rules with...more
SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more
The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more
The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration...more
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