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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more
Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more
When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more
Disputes between plan sponsors and plan service providers are not new. As with any contractual relationship, things don’t always go according to “plan” or at least, as the sponsor expects. When that happens, one of the first...more
The year 2024 holds the potential for significant developments in the World Trade Organization (WTO) dispute settlement mechanism. With the upcoming 13th Ministerial Conference (MC13) in February, members may reach agreements...more
At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves. The attorney is an...more
At Harvard University’s Kennedy School of Government, they teach an Executive Education course called Negotiation Strategies upon an adage, among others, that negotiation is the art of letting the other side have it your way....more
Kilpatrick Townsend’s Brian Gaudet and Katie Barton and David Zacks of Zacks Resolution recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend....more
Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more
Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never...more
Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more...more
Contract Lifecycle Management (CLM) is a straightforward term: As defined by Gartner, CLM solutions manage the life cycles of contracts and agreements affecting an organization. These can include third-party or internal...more
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things...more
For healthcare and life sciences companies, regulatory disputes with the U.S. Department of Health and Human Services (HHS) and its operating divisions can present significant economic costs and reputational risks. Efficient...more
Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more
The longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation is successful even when the case does not settle if substantial...more
Authors preface: Mediation is indisputably the most cost-effective and efficient way to resolve disputes. Moreover, there is positive energy and cautious optimism in the mediation process, which every participant enjoys....more
The 2019-20 certified teachers’ and administrators’ negotiation season is just about at the halfway mark. While, as to be expected, the overwhelming majority of contracts up for negotiation so far have settled at either the...more
The year 2018 may be remembered as a turning point for US trade policy and the international trading system. The Trump administration took several unilateral trade actions, including the imposition of global "national...more
One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more
In October, at the fourth round of the NAFTA renegotiations in Washington, several U.S. proposals caused major problems for both Canada and Mexico—and many interested parties in the United States... Originally published...more
A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American...more
NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more
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
Sophisticated ADR users increasingly instruct their neutral to skip the joint session and get down to business. They have grown weary of listening to tiresome opening statements and wary of encountering angry outbursts. Yet...more