News & Analysis as of

Mediation Contract Disputes

Lewitt Hackman

Franchisee 101: A Window into Dispute Resolution

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Claims by a window sales and installation franchisee against its franchisor were dismissed by a federal district court in Michigan because the franchisee did not comply with the prelitigation mediation procedure in the...more

Miles Mediation & Arbitration

Build Your Foundation: Five Smart Strategies to Prepare Your Construction Case for Mediation

Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more

PilieroMazza PLLC

Identifying and Quantifying Government Contract Claims

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Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

PilieroMazza PLLC

[Webinar] Identifying and Quantifying Government Contract Claims - August 17th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Miles Mediation & Arbitration

Goldilocks and the Spicy Sweet Chili Doritos – The Paradox of Too Many Choices

Freedom of Choice. It’s the cornerstone of liberty, an “inalienable right”, and the title of a catchy tune by ‘80s pop band Devo. But is there such a thing as too many choices? And, if so, how does that impact negotiation and...more

JAMS

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

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Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more

Husch Blackwell LLP

Mediating Contract Claims And Disputes At The ASBCA

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The Contract Disputes Act establishes the formal process for resolving nearly all claims and disputes that arise under federal government contracts. It is the source of the requirement that contractors certify claims in...more

Goulston & Storrs PC

Alternative Dispute Resolution Provisions

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Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies... Originally published in Bloomberg Law....more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

Dechert LLP on

Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

Greenberg Glusker LLP

[Webinar] Dispute Resolution Provisions: One Size Does Not Fit All - January 26th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

At the beginning of a contractual relationship, dispute resolution is usually the last priority. But at the beginning of any contract dispute, locating the applicable dispute resolution provision is often the first priority....more

K&L Gates LLP

Litigation Minute: Thinking Ahead to Avoid Headaches Later: Contractual Dispute Resolution Provisions

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Including a contractual dispute resolution provision in an agreement may reduce costs, expedite resolution, and potentially lead to a more favorable outcome. But a poorly crafted...more

TransPerfect Legal

Talks with TLS: Climate Change and Legal Practices

TransPerfect Legal on

Danielle Giannecchini, Regional Director at TransPerfect Legal Solutions (TLS), recently had a virtual meet-up with Wendy Miles, a Barrister at Twenty Essex with over 25 years of experience in multiple sectors. Wendy has...more

Ervin Cohen & Jessup LLP

An Interview With Peter Selvin: Dispute Resolution

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What are the most popular dispute resolution methods for clients in your jurisdiction? Is there a clear preference for a particular method in commercial disputes? What is the balance between litigation and arbitration? The...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

ArentFox Schiff

AF COVID-19 Podcast: Mediation & Force Majeure

ArentFox Schiff on

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage...more

Burns & Levinson LLP

Actual Notice Via Email Is Not Always Sufficient

Burns & Levinson LLP on

In another post, I discussed how an email can satisfy the signature requirements of the Statute of Frauds. Nevertheless, an email is not always sufficient. Indeed, as the plaintiff in Terry v. Vinfen recently learned,...more

Womble Bond Dickinson

Arbitration Clauses in Employee Contracts and Beyond

Womble Bond Dickinson on

Chris Fairey, General Counsel for American Residential Services, one of the nation’s largest residential and commercial heating, air-conditioning, and plumbing services companies, sits down with Mark to discuss arbitration...more

King & Spalding

California Federal Judge Rules Insurer Not Obligated to Pay Los Angeles Hospital’s $42 Million Settlement and Investigation Costs...

King & Spalding on

On February 12, 2019, U.S. District Court Judge Stephen V. Wilson dismissed a suit brought by Pacific Alliance Medical Center (PAMC) alleging, among other counts, breach of contract against its insurer for failure to cover...more

Latham & Watkins LLP

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

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A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

JAMS

The Managed Mediation of a Payor-Provider Health Care Dispute

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In the health care industry, payors and providers often have claims for both underpayment and overpayment arising from ongoing contracts or other health care services rendered. When claims arise between a payor and a...more

JAMS

Mediation Decision-Makers Need “Decision-Quality Information”

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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

JAMS

Prepare for Mediation Success: Six Tips for Writing a Strong Brief

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Writing a persuasive brief is one of the most important things an attorney can do to prepare for mediation of a business dispute. A good brief provides the opposing side with information they need to consider. Perhaps even...more

JAMS

Mediating Alternative Energy Disputes

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Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

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