News & Analysis as of

Mediation

How Long Does it Take to Settle a Personal Injury Lawsuit?

by The Roth Firm on

Accidents or injuries are something that we want to avoid all the times. But when it happens, and you decide to take appropriate steps in protecting your legal rights, you need to know more about what “personal injury law” is...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Important Considerations in Selecting the Right Mediator

by Foley & Lardner LLP on

One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more

Judicial Tribunal Renders Further Decisions on the DIFC Courts’ Jurisdiction

by White & Case LLP on

The Judicial Tribunal in Dubai has rendered new decisions, continuing to give priority to on-shore Dubai Courts vis-à-vis the offshore DIFC Courts....more

Washington Legislature to Consider Reforms to Statute Governing Residential Construction Disputes

by Lane Powell PC on

Efforts are now underway in both houses of the Washington legislature to improve the legal landscape for condominium construction defect litigation by adding a mediation option similar to what has been common in commercial...more

Making the Most of the Alternate Dispute Resolution Process During a Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a...more

Reflections on Mediation

by JAMS on

Having served on the Contra Costa Bench for more than 20 years, I was accustomed to the role of Judge. After two decades in the courtroom with the continuous flow of disputes and a daily calendar of issues to be decided, I...more

A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more

JAMS Employment Matters - Winter 2017

by JAMS on

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered....more

Insurer’s Attempt To Shield Documents From Discovery Through Assertion Of The Mediation Privilege And A Relevancy Objection Is...

by Carlton Fields on

In a breach of contract and bad faith case emanating from an insurer’s refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents from discovery by assertion of...more

What Was The EEOC Up To This Year? Takeaways From 2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

The role of mediation in business and human rights disputes

by DLA Piper on

The United Nations Forum on Business and Human Rights brings together business, governments, civil society and the legal profession to develop thinking and share best practice in this emerging area of law and practice. This...more

Mediate, Alleviate, Try Not To Hate…Lessons Learned From 80s Icons

by Fox Rothschild LLP on

Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band...more

FRANCHISOR 101: Injunction Bottleneck

by Lewitt Hackman on

A restaurant franchisor, World of Beer Franchising ("WOB"), recently lost an appeal to enforce a post-termination restriction against a franchisee launching a competing business. Both the trial and appellate court ruled...more

Reframe the Game: A Winning Paradigm for Mediating Sports Cases

by JAMS on

“My ego demands — for myself — the success of my team.” — Bill Russell I had the opportunity to mediate a high value business dispute a few years back. The CEO of one of the parties, a globally recognized sports...more

Embracing ADR

by JAMS on

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of...more

Tis the Season: The EEOC’s Year-End Reports Are Out Today

The EEOC’s fiscal year just ended and now it is releasing news of its successes. Although this is a look back, it gives us all insight as to what is important to the Commission and, perhaps, how we can stay off its radar....more

How commodities haulers can keep on truckin’ through the agricultural downturn

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their service providers...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

by Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Litigating in Ontario

by Dickinson Wright on

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

To ADR or Not to ADR? Two New Amendments to the Commercial Division Rules Require Parties to Answer the Question

by Farrell Fritz, P.C. on

Two recent amendments to the Commercial Division Rules, designed to encourage alternative dispute resolution, will go into effect on January 1, 2018. The amendment to Rule 10 requires counsel to certify that they have...more

Alternative Dispute Resolution in England and Wales

by Hogan Lovells on

A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. Please see full Publication below for more information. ...more

Should You Mediate Your Uninsured or Underinsured Motorist Case?

Woodland Hills car accident lawyer Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured” Motorist in California. Mr. Goldberg frequently gets calls from other personal injury attorneys seeking “the...more

Finding Alternatives to Litigation

by Burns & Levinson LLP on

If you read this blog, you probably know that I am a huge proponent of negotiating settlements in divorce cases. As an attorney who has spent her career in divorce litigation, I know firsthand the costs associated with...more

New Commercial Division ADR Rule

On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)....more

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