News & Analysis as of

Mediation

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

Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018

Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid...more

The Evolution of ADR Services for Inbound and Outbound Investment: The Chinese Perspective

by JAMS on

JAMS was extremely proud to host Chinese Supreme Court Justice Hu Shihao and Shanghai People’s High Court Justice Yin Yonglei, along with four senior members of the Shanghai JAMS affiliate, the Shanghai Commercial Mediation...more

California's "New Employee Leave Act" Will Impact Small Businesses

by Stinson Leonard Street on

While parental leave rights under existing California and federal law only applied to employers with 50 or more employees, a new California law extends employee parent leave rights – and corresponding employer obligations –...more

New PBGC-Plan Sponsor Pilot Mediation Project for Early Warning Program and Termination Liability Cases

The Pension Benefit Guaranty Corporation (the “PBGC”) launched a new Pilot Mediation Project to facilitate negotiations with (i) plan sponsors involved in corporate transactions under the purview of the PBGC’s Early Warning...more

How to Be Ready When the EEOC Charges In, Part II: 5 Harassment Prevention Principles to Highlight in a Response

In part one, of this blog series on responding to charges brought by the Equal Employment Opportunity Commission (EEOC), I described some situations that pose an increased risk of a systemic harassment investigation by the...more

When to Mediate and Why

by Foley & Lardner LLP on

If a company or person becomes involved in litigation, the parties eventually will either agree to, or be ordered to, participate in mediation. Mediation deserves deliberate and thorough consideration to make the most of an...more

And So It Goes! (October 2017)

by JAMS on

In September I had work in Cleveland, Ohio. I had not been there in a number of years and I was astonished at the positive developments the city has made. It is filled with open spaces, little traffic congestion and winning...more

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Reflections on Employment Mediation

by JAMS on

When to Mediate - Early mediation is not a panacea. Some cases require discovery before they are ready for mediation. A major reason why early mediations fail is that the parties have had little chance to discover key...more

Are you including a mediation provision in your real estate contracts?

Businesspeople and their lawyers have long discussed whether to include an arbitration clause in their leases, construction contracts and other real estate agreements. The questions that guide that decision include: Who will...more

Setting the boundaries: a new protocol for resolving disputes

by Hogan Lovells on

When you hear the term “boundary dispute”, you probably imagine the following familiar set of circumstances: - Two parties at loggerheads over a small strip of land. - Entrenched positions holding sway over the...more

Observations On Mediation

by Fox Rothschild LLP on

There is a world of information on the internet. That includes a huge number of websites professing to advise you about divorce. And among the topics often discussed on these sites is mediation. Not a week passes without...more

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