News & Analysis as of

Mediation Rules of Civil Procedure

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

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Vinson & Elkins LLP on

Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

Proskauer - Minding Your Business

SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation

Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court...more

Farrell Fritz, P.C.

New Amendment to ComDiv Rule 3(a) Provides More Options to Litigants Seeking Alternative Dispute Resolution

Farrell Fritz, P.C. on

In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases.  As a pioneer of efficiency, the...more

JAMS

Recovering Attorney Fees in Arbitration

JAMS on

An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

Smith Debnam Narron Drake Saintsing & Myers,...

Why Do Divorce Cases Take So Long? PART TWO

This article is PART TWO of a two-part series shedding light on some of the realities that can prolong the divorce process. Part One focuses on the pre-court/mediation phase of the process. PART TWO describes the court phase....more

Farrell Fritz, P.C.

Proposed Amendment to Commercial Division Rules Aims to Make Mediation More Effective

Farrell Fritz, P.C. on

Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their prior experience – is that it will not. In this sense, mediation seems to have...more

NAM (National Arbitration and Mediation)

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Butler Snow LLP

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Butler Snow LLP on

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

Goodwin

Major Changes to the Commercial Division Rules and What They Mean for New York Litigants

Goodwin on

For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more

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