News & Analysis as of

Settlement Negotiations

NAM (National Arbitration and Mediation)

[Webinar] Inside the Mind of A Mediator: Avoiding Impasse and Maximizing Outcomes in Mediation - June 6th, 5:30 pm - 6:30 pm EDT

Although mediation resolves most disputes, some mediations end in impasse. Such disappointments can usually be avoided, and positive resolutions achieved, when advocates are armed with knowledge of common mediation pitfalls...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and...more

Miles Mediation & Arbitration

Consider Arbitration When Mapping Out Your Resolution

There are alternatives to taking a case to trial other than mediation. Arbitration is the process of settling a dispute through a presentation to a neutral third party or panel. The decision can be either binding or...more

NAM (National Arbitration and Mediation)

Reflections On Entering The World Of ADR Or How I Found Something To Do To Keep Me Out Of The House After Retirement

After 21 years as a private practitioner/litigator and eight runs for public office (five of which were for judicial office), I was finally elected to the Supreme Court of the State of New York on my ninth try in 1998. For...more

Robins Kaplan LLP

Early Mediation in Fiduciary Disputes

Robins Kaplan LLP on

Frequent Spotlight contributor Denise Rahne sat down with former Minnesota Supreme Court Chief Justice Eric Magnuson, whose experience as a practitioner, judge, and mediator provides him with a unique perspective on early...more

Farrell Fritz, P.C.

The Case Settled

Farrell Fritz, P.C. on

Courts greatly appreciate when parties settle their disputes by agreement.  Settlements alleviate the courts of the burden of overwhelming caseloads, and further the public policy of encouraging parties to order their affairs...more

Husch Blackwell LLP

The Role of Live Witness Testimony in Proving Differing Site Conditions Claims

Husch Blackwell LLP on

The ASBCA’s November 2021 decision in Harry Pepper and Associates, Inc., No. 62038 et al. (Nov. 3, 2021) offers important guidance on the role of live witness testimony in one of the most challenging aspects of differing site...more

Nextpoint, Inc.

Trial Preparation 101: Strategies for Building Winning Arguments

Nextpoint, Inc. on

TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...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

Hinshaw & Culbertson - Lawyers for the...

When Aggressive Settlement Tactics Go Too Far: California Appellate Court Holds Counsel's Threat to Reveal Opponent's Alleged...

Cross-Complainants/Appellants, Falcon Brands, Inc. and Coastal Harvest II, LLC (Falcon), claimed that Cross-Defendants/Respondents, attorney Amy Mousavi and her law firm, Mousavi & Lee, LLP (Mousavi), engaged in extortion and...more

Knobbe Martens

Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement

Knobbe Martens on

PLASMACAM, INC. v. CNCELECTRONICS, LLC - Before Dyk, Reyna, and Newman, Appeal from the United States District Court for the Eastern District of Texas. Summary: Agreement to the definition of a term within settlement...more

Akin Gump Strauss Hauer & Feld LLP

Recent PAGA Settlement Demonstrates Why PAGA Cases Are Typically Worth Far Less Than the Maximum Theoretical Recovery

On January 11, 2022, Judge Cunningham of the Los Angeles Superior Court conditionally approved a $7.5 million agreement to settle three overlapping Private Attorneys General Act (PAGA) actions, the lead case titled Reyes v....more

Lowenstein Sandler LLP

A Reminder That Rule 23 Requires Hearings on All Proposed Class Settlements, Even If There Are No Objectors

Lowenstein Sandler LLP on

Certain class action settlements—like employment and consumer settlements—will very often draw objections from absent class members. But other types of settlements with more sophisticated absent class members—like antitrust...more

The Brown Firm

How Are Personal Injury Settlements Paid Out After a Case?

The Brown Firm on

From shortly after the moment of the accident, you’ve been intensely focused on your case, and how you and your personal injury attorney can win the money that will help you rebuild your life. But what happens after you win?...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

Wiley Rein LLP

Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in...

Wiley Rein LLP on

The United States District Court for the District of South Dakota, applying South Dakota law, has held that an insured healthcare system was barred from settling without its healthcare liability insurer’s consent where the...more

WilmerHale

District Court Enjoins California's Unprecedented "Reverse Payment" Law

WilmerHale on

On December 8, 2021, a federal district court granted a preliminary injunction temporarily enjoining enforcement of the California state law Preserving Access to Affordable Drugs, which attempts to sanction reverse-payment...more

Obermayer Rebmann Maxwell & Hippel LLP

How to pop the (mediation) question - a mediator’s perspective

You are litigating a case and you want to raise the topic of settlement with the other side. It may be that your client has fatigue from spending money on legal fees and just wants to be done, you don’t like the way the...more

Miles Mediation & Arbitration

Did I Help Cause That Impasse?

Your case should have settled at mediation.  You wanted it to settle.  It didn’t.  Of course, you blame the mediator.  But did you contribute to the impasse? ...more

JAMS

Essential Tips for a Successful Oil and Gas Mediation

JAMS on

As the oil and gas industry continues to evolve, oil and gas companies will no doubt see new types of claims asserted against them. Regardless of the players and the issues, oil and gas litigation is here to stay, and...more

JAMS

Opening Offers in Negotiation

JAMS on

Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation? It may seem smart to begin with the absolute highest (or lowest, depending on...more

ThompsonMcMullan PC

Dominion Triennial Review Recap

ThompsonMcMullan PC on

On November 18, 2021, the Virginia State Corporation Commission (“SCC” or “Commission”) approved a settlement in Dominion Energy Virginia’s first triennial base rate case, the first time the SCC has reviewed the rates...more

Bryan Cave Leighton Paisner

OFAC to Companies: Don’t Forget Your U.S. Persons

On September 27, 2021, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of Treasury announced a $1,423,766 settlement with Houston-based supplier, Cameron International Corporation (“Cameron”) to resolve...more

The Brown Firm

Should I Take the First Settlement Offer in My Injury Case?

The Brown Firm on

It’s common to feel overwhelmed after a car accident, slip and fall, or medical mistake injures you or someone you love. This is especially true if you have large, unpaid medical bills, severe injuries, and lost income....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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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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