The most common types of ADR for civil cases are neutral evaluation, mediation, arbitration, and settlement conferences. All of these are designed to resolve the dispute between the parties short of going to trial. Resolving...more
In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil...more
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
In many state courts, civil cases that meet certain threshold criteria are subject to the parties’ participation in a mandatory settlement conference. Although many attorneys and litigants view these settlement conferences as...more
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more
When I was a full-time settlement judge, the sheer volume of settlement conferences required me to frequently offer a mediator’s proposal to resolve a matter so I could move on to the next case. Typically, a mediator’s...more
In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office...more
The National Labor Relations Board recently announced an expansion of its alternative dispute resolution (ADR) program: the free program for employers, unions, and individual participants puts a case on hold for 30 days while...more
You've undoubtedly been in a mediation where the lawyer on the other side has asked for a break so she can call her client's insurance carrier in order to get a response to your latest settlement offer. You wait -- reliant...more