Navigating Disputes Within Your Health Care Practice
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
State AG Pulse | Money, Money, Money: Where does it go and why?
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
What to do When Your Business Has Been Sued
Settling a Claim: Get Comfortable With Being Uncomfortable
What Will Happen at My Mediation?
What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more
A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more
By Glenn Hutchison and David Matthews Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more
In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more
In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more
Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more
In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more
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
Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more
The movie “Annie Hall,” through the clever use of subtitles, illustrated clearly that, where matters of the heart are concerned, what one says is not what one means. A successful mediator understands this trope holds true...more
Across the globe, arbitration is gaining a foothold in most of the typical areas of legal disputes, such as construction, employment, contracts, securities, and general business disputes. While there has been significant...more
Back in 2015, as a summer associate, I first encountered a vague, ambiguous dispute resolution clause which stated...more
The dispute resolution field has seen significant growth in the last 20 years. While most of the practitioners of mediation, arbitration, and collaborative law are attorneys and retired judges, other alternative dispute...more
The overarching purpose for scheduling mediation is to get a case settled, so guiding parties toward a resolution at mediation is every mediator’s primary goal. With motivated parties and a skilled neutral, a high percentage...more
Today, lawyers are turning to mediation more frequently than ever before. Mediation offers a number of benefits, including the opportunity for parties to be heard; a chance to save time and money and avoid the costs of...more
While people’s definitions of mediation may vary, the underlying purpose of mediation is simple: to resolve the dispute between the parties. That is, to settle the case. That means that as a mediator, you’re being paid to...more
“No one cares how much you know, until they know how much you care” The above quote is attributed to Teddy Roosevelt [TR]. Even aside from having the pleasing, lyrical flourish of a phrase well turned, this statement...more
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
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
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
I know that most lawyers and clients go into a mediation with the hope that the case will settle if the terms are acceptable. But in watching some lawyers mediate, there are lessons to be learned about how not to settle. Here...more
It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more
Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more
Freedom of Choice. It’s the cornerstone of liberty, an “inalienable right”, and the title of a catchy tune by ‘80s pop band Devo. But is there such a thing as too many choices? And, if so, how does that impact negotiation and...more
My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more