News & Analysis as of

Mediators Discovery

Miles Mediation & Arbitration

There’s Nothing Like Being Prepared

How do you prepare for mediation? As a mediator of commercial and real estate disputes, I’ve found that some lawyers view mediation preparation as unnecessary and not the best use of their time. But failing to prepare almost...more

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

Proskauer - Minding Your Business

Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End

When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more

EDRM - Electronic Discovery Reference Model

Using Special Masters and Discovery Mediators to Avoid and Resolve Discovery Disputes

Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more

Miles Mediation & Arbitration

Designing Efficient Discovery Processes in Arbitration

In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more

EDRM - Electronic Discovery Reference Model

[Webinar] The 411 on Special Masters and Discovery Mediators - February 6th, 1:00 pm - 2:15 pm ET

EDRM has just introduced a brand new “Special Masters and Discovery Mediators Bench Book” with participation from many judges and special masters. We will provide a link to download the Bench book for attendees....more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

Cranfill Sumner LLP on

As noted in our prior posts, the U.S. Supreme Court Justices (with the exclusion of Justice Clarence Thomas who was hospitalized on March 18) heard oral arguments on March 23, 2022, for ZF Automotive US, Inc. v. Luxshare,...more

JAMS

Judge Gail Tusan’s Five Top Tips for Successful Mediations

JAMS on

1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more

NAM (National Arbitration and Mediation)

Utilizing A Special Master/Referee In Complex Litigation: A Mediator's Personal Account

I was recently appointed Special Master (also known as a Special Referee) to supervise all pre-trial discovery in a matter pending in the New York State Supreme Court in the First Department pursuant to Civil Practice Law and...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

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

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