News & Analysis as of

Mediation Litigation Fees & Costs

JAMS

A Modest Proposal to Avoid Discovery Nightmares

JAMS on

My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more

Miles Mediation & Arbitration

Consider Arbitration When Mapping Out Your Resolution

There are alternatives to taking a case to trial other than mediation. Arbitration is the process of settling a dispute through a presentation to a neutral third party or panel. The decision can be either binding or...more

Jaburg Wilk

Mediate, Not Litigate

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Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation. Whether representing...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

NAM (National Arbitration and Mediation)

Is Mediation Conducted Through Videoconferencing Better?

Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? ...more

JAMS

Access to Justice and Lessons Learned During a Pandemic

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Mediation can play an important role in improving access to justice during the pandemic and after. As a JAMS mediator and former federal judge for over two decades, I am mindful of the command of Rule 1 of the Federal Rules...more

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

JAMS on

On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Mediation, Arbitration, or Litigation: What Works Best for You? - September 15th, 12:00 pm - 1:00 pm ET

The last thing a party wants is a construction claim rising to the level of needing a mediator, judge, or arbitrator to find a resolution. The cost of the claims process can be detrimental to a company, not only in the...more

NAM (National Arbitration and Mediation)

CCBJ Interview: As Alternative Dispute Resolution Grows In Popularity, Experience Is A Key Differentiator

Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) - John DiBlasi is a highly sought-after mediator and...more

JAMS

Why Now Is a Good Time to Engage in Mediation or Other Streamlined Dispute Resolution

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As a recently retired federal judge who served for more than two decades on the U.S. District Court for the Northern District of California, I know firsthand how daunting managing a caseload can be even in normal times. Now,...more

JAMS

The Time to Settle is Now

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The coronavirus pandemic has created uncertainty in almost every sector of society. A massive shift in reality has taken place, and the world is trying to acclimate. In this environment, it is tempting to postpone cases until...more

NAM (National Arbitration and Mediation)

Stop The World (Please!) I Want To Get Off!

“Stop the World: I Want to Get Off” was a musical with Anthony Newley. It originally opened in London in 1961 and made it to Broadway in 1962. It was followed by a film in 1966 and a revival in 1978.  In the play,...more

NAM (National Arbitration and Mediation)

The Room Where Mediation Happens: 2020 Insights For A Successful Employment Dispute Resolution

Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Latham & Watkins LLP

Can’t Pay, Won’t Pay - Hong Kong Introduces Third-Party Funding of Arbitration

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New provisions allowing third-party funding of arbitration come into force on 1 February 2019. Key Points: ..The key provisions of the Arbitration and Mediation Legislation (Third-Party Funding) (Amendment) Ordinance...more

Holland & Knight LLP

Trade Secret Defendant Awarded Fees for “Objectively Specious” DTSA Claims

Holland & Knight LLP on

Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more

Butler Snow LLP

Airing Out Jury Trials

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As Program Chair for the 2019 DRI Products Liability Conference (February 6-8, 2019, in Austin, Texas – mark your calendars NOW), I have had the privilege of working to arrange some pretty amazing speakers and presentations....more

NAM (National Arbitration and Mediation)

Why Mediation? 5 Personal Injury Case Studies

The perspectives of plaintiffs and defendants in personal injury cases are inherently different – both sides have an interest in resolving their disputes quickly, while attempting to get the best possible results for their...more

NAM (National Arbitration and Mediation)

Creative Solutions In The Commercial Mediation Process

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more

Foley & Lardner LLP

Active Preparation Leads to Better Mediation Results

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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

Latham & Watkins LLP

Hong Kong Permits Third Party Funding of Arbitration

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Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and...more

Orrick, Herrington & Sutcliffe LLP

Arbitration and Mediation in Hong Kong: Financial Assistance on the Way

Hong Kong has traditionally been reluctant to allow claimants’ legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute. By virtue of legislation passed earlier this...more

Best Best & Krieger LLP

Best in Law: Want to Cut Legal Costs? Avoid Litigation

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BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more

McManis Faulkner

To Litigate or not to Litigate: Practical Considerations for Every Business

McManis Faulkner on

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. ...more

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