News & Analysis as of

Settlement Agreements Dispute Resolution

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

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On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Vedder Price

Court Decides Lessees Failure to Engage Wont Fly

Vedder Price on

The High Court has delivered a decision in AWAS Netherlands A320-1 BV v Pacific Airlines Aviation Joint Stock Company in relation to an amount of lease rental and other damages Pacific Airlines (the Defendant) owed AWAS (the...more

Mintz - Arbitration, Mediation, ADR...

Arbitration of SEP Disputes—A Growing Trend?

After years of litigating against each other in several jurisdictions around the world, Ericsson and Lenovo announced last week that they had entered into a global cross-licensing agreement involving 4G and 5G wireless...more

Melito & Adolfsen

Tell me what you’re looking for?

Melito & Adolfsen on

Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....more

Goldberg Segalla

Lawyers Beware: Litigation Funding Leads to Malpractice

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As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his...more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on

Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

Lasher Holzapfel Sperry & Ebberson PLLC

Pre-Litigation Mediation, Is it For You?

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - March 20th - 23rd, Atlanta, GA

Advance your mediation career with the highest level of training at our General Civil Mediation Training from March 20-23, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the Georgia Office...more

Miles Mediation & Arbitration

Managing Risk in a Risky World in Mediation

During mediation, the neutral speaks with the parties about their “litigation risk” to motivate them toward a resolution. What is “litigation risk” in today’s environment? Throughout the country, verdict values in...more

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

A&O Shearman on

In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

Jaburg Wilk

Proper Mediation Preparation

Jaburg Wilk on

Mediation is a voluntary process where parties jointly select a neutral third-party facilitator to help reach settlement agreements for all or some of the issues in their divorce proceeding. The mediator is a private party...more

Sheppard Mullin Richter & Hampton LLP

California Legislature Strikes at Confidentiality Clauses in Consumer Refunds and Settlement Agreements

A targeted change to California law will prohibit non-disparagement and similar confidentiality clauses in consumer settlement agreements and refund policies. Starting January 1, 2025, businesses settling disputes with...more

McAfee & Taft

NLRB changes course on consent orders … again

McAfee & Taft on

The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Freiberger Haber LLP

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

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CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action is based upon an...more

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more

Bennett Jones LLP

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

Bennett Jones LLP on

When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of...more

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

White & Case LLP on

There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

K&L Gates LLP

"You Promised Not to Say That!" Non-Disparagement Clauses in Settlement Agreements

K&L Gates LLP on

When a dispute of any kind is resolved, a "non-disparagement" clause is often included in the settlement agreement to prevent parties from adversely commenting publicly about each other in the future. Especially where there...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

NAM (National Arbitration and Mediation)

Your Mediation Didn’t Resolve. What’s Next?

As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks...more

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

Venable LLP on

In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Genova Burns LLC

No Signature, No Settlement: NJ Appellate Division Reiterates Settlements Reached at Mediation Absent a Signed Agreement Are...

Genova Burns LLC on

On March 28, 2023, in a published decision in Gold Tree Spa, Inc, v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242 Franklin...more

Vinson & Elkins LLP

The UK to Sign The Singapore Convention — The New “New York Convention” for Mediation?

Vinson & Elkins LLP on

On 2 March 2023, the UK Ministry of Justice (“MoJ”) announced its decision to join the Singapore Convention on Mediation. The United Nations Convention on International Settlement Agreements Resulting from Mediation (or...more

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