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
An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation.
The union had filed...more
Mediators are neutrals. A mediator is not a fact-finder, and should not act as a judge to decide the merits of a case. The role of a mediator is to be a facilitator, to assist the parties in finding a mutually acceptable...more
The Defendants in last week's decision in DeCristoforo v. Givens, 2015 NCBC 53 were hellbent on getting out from under a settlement they had agreed to at mediation. They offered a host of challenges to the validity of their...more
The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more
On May 1, 2015, the Enforcement Branch of the Ontario Securities Commission (OSC) will launch a mediation pilot program. This program caps a year that has seen significant changes to the OSC’s approach to initiating and...more
It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more
When it comes to fighting back against debt collectors like Midland Funding, Portfolio Recovery, or CACH, LLC (to name just a few) there are a lot of ” – tions ” . You have “litigation”, “arbitration” , and “mediation” . ...more
The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate?...more
The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more
Elevator Manufacturer Refused to Rehire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charges -
MEMPHIS, Tenn. - Kone, Inc., a manufacturer and servicer of elevators and escalators,...more
Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the...more
Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the...more
Mediation is a facilitated negotiation that enables parties to explore settlement in a confidential setting. A successful mediation requires preparation and an understanding of the process so as to avoid impasse, the...more
It’s the morning of your big mediation and you are fully prepared to resolve your case without sacrificing key positions. You and your attorney have set your expectations as to what will happen, who will speak, what the...more
The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more
THE TRIAL IS OVER. The jury has just returned a verdict either for or against your client. Or maybe the judge has granted a motion for summary judgment. The parties mediated the case before trial without success. An appeal is...more
That’s right – the title suggests you can win in mediation even though many say that you will walk away from a settlement either angry or disappointed. With proper preparation you, the client, can leave mediation feeling like...more
June and July, 2013 have born a number of new developments relating to tax related matters. This article is designed to provide a synopsis of those that might be of interest to PK Law readers...more
The Massachusetts Department of Revenue has indicated it is looking to expand taxpayer eligibility for its early mediation program for expedited settlement of tax disputes by including taxpayers with smaller proposed tax...more
Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more
The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more
Business owners grudgingly accept lawsuits as a part of doing business. If you’re doing what it takes to advance your business, you will suffer the bumps and bruises that will result in your name on a legal pleading. You may...more
Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The...more
Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files.
At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is...more
As sophisticated litigants are increasingly turning to alternative dispute resolution (ADR) to resolve their legal disputes, California legal practitioners are seeing more variations on traditional mediation. This article...more
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