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Miles Mediation & Arbitration

Do We Have an Agreement? Don’t Forget the Terms!

A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more

Miles Mediation & Arbitration

Walking a Minute in Your Adversary’s Shoes: Addressing The Issue of “Naïve Realism” at Mediation

By Glenn Hutchison and David Matthews   Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more

Cozen O'Connor

Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation

Cozen O'Connor on

Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more

Segal McCambridge

TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR

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In this episode of the TortsCenter Podcast, hosts Carla Varriale-Barker and Courtney Dunn talk with independent arbitrator and mediator Danielle Menitove about the world of sports arbitration. As co-chairs of the NYSBA’s...more

JAMS

Five Tips for Making Better Use of Outside Counsel and Mediators

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Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more

Miles Mediation & Arbitration

[Event] 28-Hour Civil Mediation Training - December 5th - 8th, Atlanta, GA

Want to launch or grow your mediation career? Develop your skills at a unique, in-person civil mediation training program developed and led by Joe Murphey, an experienced mediator who has mediated more than 3,000 cases. Rex...more

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

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Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

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Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

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In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

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Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

JAMS

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

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In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more

Jaburg Wilk

Mediation and the Infamous Orange Story

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Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

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The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more

JAMS

Mass Arbitrations: The New Landscape of Dispute Resolution and Its Challenges

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Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more

JAMS

Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall

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Ann Marshall brings over 25 years of legal experience to the table, beginning with her tenure as a hard-working criminal defense attorney. Ms. Marshall eventually became a partner at the boutique Seattle-based law firm Bishop...more

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

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The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Pullman & Comley, LLC

The Art of Mediation: Six Steps to Sussing Out the Subtitles

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The movie “Annie Hall,” through the clever use of subtitles, illustrated clearly that, where matters of the heart are concerned, what one says is not what one means. A successful mediator understands this trope holds true...more

McDermott Will & Emery

On the Stand with Richard Salgado

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As head of the Dallas Litigation Practice Group, Richard Salgado joined McDermott to build a preeminent litigation practice in Texas. He has first-chaired 13 jury trials and presented oral arguments in more than two dozen...more

Miles Mediation & Arbitration

“Trauma-Informed” Mediation: 6 Key Strategies for Attorneys and Mediators

We are hearing more and more in the practice of law about the impact of “trauma,” and particularly the ways that traumatic experiences impact the brain and body. There’s even a growing movement to help lawyers practice in a...more

Miles Mediation & Arbitration

Two Bites at the Settlement Apple: Hybrid Mediation/Arbitration a Growing Option

There are a variety of reasons why parties may choose alternative dispute resolution, or ADR, over litigation. Both mediation and arbitration offer advantages over taking a case to court for resolution by a judge or jury, so...more

Miles Mediation & Arbitration

Drafting Arbitration Clauses: An Institutional Perspective

Back in 2015, as a summer associate, I first encountered a vague, ambiguous dispute resolution clause which stated...more

JAMS

[PODCAST] JAMS Neutrals Discuss How to Optimize Neutral Evaluation

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In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages of utilizing neutral evaluation prior to filling a brief or completing oral...more

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