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Mediation Contract Terms

Lathrop GPM

Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the...

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A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare...more

Pierce Atwood LLP

New Updates to AAA Construction Rules Now in Effect

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Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving...more

Conn Kavanaugh

Here Comes the Sun: Common Considerations for Solar Installation Agreements

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In recent years, environmental concerns, skyrocketing electricity costs, and tax incentives have led to a boom in both residential and commercial use of solar panels. Stated differently, the masses have flocked to solar not...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

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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

Ruder Ware

Resolving Business Disputes

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and...more

Goulston & Storrs PC

Alternative Dispute Resolution Provisions (UPDATED)

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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 Points Studies: Overall, alternative dispute resolution provisions are becoming less...more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

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Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

Bilzin Sumberg

Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

Bilzin Sumberg on

Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....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

Rumberger | Kirk

Third DCA Makes Rare Finding Against Arbitrability where Arbitration Clause is Present in Contract

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On March 10, 2021, the Florida Third District Court of Appeal made a rare finding against arbitrability where an arbitration clause was present in a contract. Such a finding reminds contractors, vendors, and consumer service...more

Stoel Rives -  Ahead of Schedule

Strategic Tips That Parties Should Consider When Mediating Disputes

Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party....more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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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

Morgan Lewis

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

Morgan Lewis on

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

ArentFox Schiff

AF COVID-19 Podcast: Mediation & Force Majeure

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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

Dechert LLP

Dispute Boards: Another Potential Means of Resolving COVID-19 Disputes

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COVID-19 has caused a widespread evaluation of how existing therapies could assist in treating this new pathogen. This OnPoint does something similar – though, of course, considerably less important. It examines how dispute...more

Dechert LLP

COVID-19: Preparing for and Managing Disputes in the Hospitality Sector

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The COVID-19 pandemic, and the travel restrictions imposed in response, are already having a severe impact on the hospitality industry... In this briefing, we address key commercial disputes that could arise out of the crisis...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

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David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Latham & Watkins LLP

English High Court Confirms Mediation Can Be Condition Precedent to Litigation

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In Ohpen Operations UK Limited v. Invesco Fund Managers Limited, the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation...more

Burr & Forman

Hey Siri, Why Did You Settle That Case Without Me Signing?

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In a world of texts, email and Siri, you should be careful about the impact of the words you write.  Remember that case where a court found that a string of text messages can form a binding contract? ...more

Holland & Knight LLP

Running With Scissors: Avoiding Mishaps When Drafting Agreements at the End of Mediation

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• An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement that will be entered into by the parties at a later date. • Occasionally,...more

Farrell Fritz, P.C.

Anyone Think Binding Mediation to Break Deadlock Is a Good Idea?

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Mediation, as commonly understood in the context of alternative dispute resolution, employs a neutral third party to facilitate negotiation and voluntary agreement between the parties. Unlike arbitration, the mediator does...more

Cozen O'Connor

Creating and Maximizing Enforceable Settlements

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Settling a case may be the culmination of years of litigation or a strategic move at the outset to avoid litigation costs. Many times, settlement occurs at some point in between. Regardless of when the settlement occurs, it’s...more

Snell & Wilmer

Nevada Supreme Court Holds That Failure to Comply With Contract’s Mediation Provision Bars a Suit on the Contract

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In MB America, Inc., v. Alaska Pacific Leasing Company, 132 Nev. Adv. Op. 8 (February 4, 2016), the Nevada Supreme Court was presented with an appeal from an order granting a summary judgment in the defendant’s favor because...more

JAMS

Fees & FINRA

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Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar...more

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