News & Analysis as of

Settlement Agreements Mediation

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

Fox Rothschild LLP on

Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...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

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

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

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The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

DRI

Well, That’s Settled . . . Or Is It?

DRI on

Key Issues Every Litigator Should Remember about Settlement Agreements - Finally settling a hard-fought case can be one of the great pressure release valves that a trial lawyer can experience, ranking only behind a favorable...more

Axinn, Veltrop & Harkrider LLP

Hey St. Jude Medical: Playing It Cool Doesn't Always Make You a Fool

After seven years of successful litigation, it was understandable that St. Jude Medical wanted to put its dispute with Niazi Licensing Corp. (NLC) to bed. But St. Jude Medical's too-quick response to a mediator's email left...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

Marshall Dennehey

Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable

Marshall Dennehey on

Gold Tree Spa, Inc., PD Nail Corp., et al., No. A-3748-21 (App. Div. Mar. 28, 2023) - The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement...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

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

Fox Rothschild LLP

When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?

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The Palmetto Medical Group had a “messy divorce.” Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice Separation Agreement at...more

Goldberg Segalla

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and...more

Miles Mediation & Arbitration

[Event] “Get Busy Negotiating or Get Busy Fighting!"-Effective Negotiation Skills - February 15th, Charlotte, NC

What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more

Moritt Hock & Hamroff LLP

Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation

Raising an allegation that a party has not participated in the mediation process in good faith has historically been a sensitive hot-button issue for mediators, parties, and even the courts. In fact, even on occasions where...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

Lowenstein Sandler LLP on

In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

JAMS

Five Common Mediation Mistakes That Create Obstacles to Settlement

JAMS on

Insights from JAMS neutral Hon. Lynn O’Malley Taylor (Ret.) and JAMS Diversity Fellow Rachel A. Gupta, Esq. - Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the...more

Miles Mediation & Arbitration

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Fox Rothschild LLP

Tips for Enforcing that Mediated Franchise Settlement Agreement

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Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more

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

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