News & Analysis as of

Mediation Settlement Settlement Negotiations

Shumaker, Loop & Kendrick, LLP

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction – Summer...

Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

NAM (National Arbitration and Mediation)

Thoughts on ADR in the face of the Covid-19 Pandemic – A Neutral’s Perspective

As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the...more

Jaburg Wilk

Tips for a Successful EEOC Mediation

Jaburg Wilk on

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

Stange Law Firm, PC

Settlement on the courthouse steps

Stange Law Firm, PC on

Most parties desire to settle their divorce or family law matter. Most do not want to end up putting their case in the hands of a judge at trial. At the same time, settlement is hard for most parties. The truth is that if...more

NAM (National Arbitration and Mediation)

10 Mistakes To Avoid At Mediation: Improving The Odds For Resolution

Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more

NAM (National Arbitration and Mediation)

Mediator Settlement Recommendations - Be Careful What You Ask For!

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, “So, what do you think the case is worth?” This Mediator has a consistent response to that often-heard inquiry, “The case...more

NAM (National Arbitration and Mediation)

Why Mediations Fail

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve...more

JAMS

Make the Most of Your Mediation – The Personal Injury Case

JAMS on

Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more

JAMS

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

JAMS on

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

Cranfill Sumner LLP

Mediation- How Much Agreement Do You Really Need?

Cranfill Sumner LLP on

The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more

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