News & Analysis as of


Resolving California Trust and Estate Disputes – A Mediator’s Perspective

by Downey Brand LLP on

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and...more

The Expert Witness: A Seldom Used but Powerful Resource to Improve Your Mediation Success

In my experience, it is the rare mediation where a party invites its expert witness to participate in mediation. Is it something I would recommend in every case? Originally published in Arizona Attorney - March, 2018....more

Lincare Settles Class Action Data Breach Case with Employees

Lincare Holdings Inc. (Lincare), following mediation, recently entered into a settlement with its employees regarding a data breach that took place on February 3, 2017. ...more

Alternative Dispute Resolution Procedures (ADR)

ADR procedures continue to eclipse the jury trial as the preferred means of settling disputes. Kilpatrick Townsend litigation partner Rich Keshian hosted the third in a series of CLEs for legal professionals, on “Alternative...more

Resources for Doing Business in the United States - Installment #12 - Commercial Litigation

by Garvey Schubert Barer on

Imagine you are focused on the latest growth trends of your business, working hard to forecast where your next sales will come from. You're thinking about what new staff you will need to support that growth. While you are...more

Singapore Mediation Highlight: Employment, Telecommunications and Media

by Morgan Lewis on

Singapore has embraced mediation as an alternative dispute resolution method, including recent amendments to law and proposed process enhancements for the mediation of employment claims and telecommunications and media...more

Employment Mediation Settlement Guide

by JAMS on

Employment law litigation continues to be one of the most active fields of the law. These cases can be difficult to resolve, yet it cannot be denied that, ultimately, more than 90 percent of these cases are settled prior to...more

Mediation, Confidentiality and Set-Off - Take Two

by Nexsen Pruet, PLLC on

The title to this article could have been Mediation – Where the Confidentially Ends and Set-Off Begins, Revisited. However, the wonderful and talented people who edit my edits told me that title is too long. Nonetheless, that...more

Neutral Analysis: A Powerful and Effective Tool

by JAMS on

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation. When conducted by experienced neutral professionals with no preconceived view of the issues, neutral analysis...more

Under Construction - March 2018

by Snell & Wilmer on

Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal...more

Navigating The Mediation Experience: No Compromise - No Resolution

Mediation is a productive process, a process whose premise is that no party will get exactly what they want, but each will compromise to reach a mutually agreed upon resolution. I hear attorneys say that a good settlement is...more

Ten Tips Toward Client Arbitration Satisfaction

by JAMS on

Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive. ...more

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

by JAMS on

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more

And So It Goes! - March 2018

by JAMS on

Too often we think of mediation as a process to financially settle disputes and prevent a full-blown jury trial. It can be so much more. An example can be found in William Bridges’ book, Managing Transitions. In one chapter...more

Mediation Magic: Transforming Adversity into Collaboration

by JAMS on

Bitterly adversarial opening statements and attempts to intimidate the opposing side set the tone in too many mediations. In one case after both sides enthusiastically started down that intensely negative path, I privately...more

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

JSH Reporter - Fall 2017

It has been over one year since our last issue, and we are pleased to share several resources with you, including important case summaries, law updates, attorney-authored articles, and firm news and events. Please see full...more

Active Preparation Leads to Better Mediation Results

by Foley & Lardner LLP on

After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more

Annual Report on EEOC Developments — Fiscal Year 2017

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Making Years of Mediation Mistakes: What I’ve Learned

by JAMS on

After 10 years on the bench conducting settlement conferences, I anticipated that becoming a mediator would be easy. Seventeen years later I am writing an article I could call “How To Do Mediations Wrong.” Mistakes have...more

JAMS Boston Newsletter - Winter 2018

by JAMS on

Employment Q&A: “Workplace Enforcement in Flux” - On October 24, JAMS Boston hosted an exciting employment law panel discussion co-presented by Massachusetts Lawyers' Weekly. Jenny Yang, Commissioner of the Equal...more

Why Ego Management Is Key to Effective Mediation

by JAMS on

The plane banked slowly to the left before gliding across the Potomac River and touching down at what was then Washington’s National Airport. The year was 1991, and I had recently left the law to begin my second career as a...more

Iowa Civil Rights Commission Complaint - Initial Determination

by Davis Brown Law Firm on

The point that many employers fear - receiving a complaint from the Iowa Civil Rights Commission. An employee has alleged that they have been a subject to discrimination in your workplace....more

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

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