Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations
An Uncompromising Insurer: What is a Policyholder to Do?
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
Identifying and Quantifying Government Contract Claims
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
DE Under 3: EEOC Studies Showing Online Mediation Preferred; Transgender Title VII Protections; May 2022 Employment Situation
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
Let's Talk Mediation, Arbitration, and Conciliation
Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Settlement and Mediation Strategy
Mediating Complex Insurance Coverage Disputes Series Part 3 – Breaking the Log Jam
Mediating Complex Insurance Coverage Disputes Series Part 2 – What Goes on in Mediation?
Mediating Complex Insurance Coverage Disputes Series Part 1 – Preparing For The Mediation
Episode 3.23: Rebecca Bratter of Greenspoon Marder on Life, Career, and Impacting the Community
What Will Happen at My Mediation?
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more
Hinshaw invites you to the 27th Annual Labor & Employment Seminar, tailored exclusively for attorneys and human resources professionals. Whether you're a legal expert or an HR specialist, this one-day seminar will provide you...more
In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,...more
When’s the best time to mediate a dispute? What do mediators wish that attorneys did more of, or less of, during mediation? What would lawyers like to mediators to do more of?...more
Legal disputes are rife with emotions. It doesn’t matter if the parties are arguing over a property line, a business contract, or responsibility and compensation for personal injury or property damage. When these cases are...more
Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more
The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more
Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more
Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more
From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more
While there is no denying that Court Administrators throughout the United States have tried mightily to responsively address the threat the Covid-19 virus poses to our legal system, the fact is that the pandemic has had a...more
In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more
Do not underestimate the benefits of mediation. Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers. As attorneys, we know that is...more
There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more
After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful...more
On January 29, 2020, Cornerstone Research released its annual report on securities class action filings. As expected, the report demonstrates that securities class actions in both federal and state courts continue to be filed...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more
Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more
When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more
Be a part of the nation’s premier obstetric malpractice conference, bringing perspectives from all sides, and ensure that you stay current on the evolving standards of care, emerging theories of liability, and new defense...more
Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications....more
You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more
“Should I Stay, or Should I Go,” ask The Clash. There’s a basic tendency to see our decisions in a binary fashion: There are two choices, and choosing one excludes the other. But for those seeking to understand and improve...more
Without question, proper preparation, whether for an arbitration or mediation, is not just necessary – but vital to a successful resolution for your client. ARBITRATION: JUST THE FACTS - When preparing an arbitration...more