News & Analysis as of

Arbitration Trial Practice Guidance

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
NAM (National Arbitration and Mediation)

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Troutman Pepper Locke

Opinion: Stop Requiring Exhibit Lists!

Troutman Pepper Locke on

You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is...more

Dickinson Wright

Advocacy in Arbitration: 5 Tips from an Arbitrator on How to Present Your Case

Dickinson Wright on

I used to think that judges had it so easy. That all they had to do was read the briefs, listen to the arguments, and make a decision. Only after I started serving as an arbitrator did I understand how hard it is to be the...more

JAMS

How to Win an Arbitration

JAMS on

Having observed effective advocates in action during my 53 years as a trial lawyer, judge and arbitrator, I have come up with 10 rules for winning in arbitration....more

Nextpoint, Inc.

The Essential Guide to Preparing Your Case for Trial, Hearing, or Arbitration

Nextpoint, Inc. on

In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more

WilmerHale

CAFC Patent Cases - September #2

WilmerHale on

Precedential Federal Circuit Opinions - In Re MAXPOWER SEMICONDUCTOR, INC. [ORDER]  (2021-146, 9/8/21) (O’Malley, Reyna, Chen) - Reyna, J.  Denying mandamus petition and dismissing appeal.  The Court declined to...more

Holland & Hart - Your Trial Message

Use Present Tense

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more

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