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?
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
Preparing to mediate your employment case? You’ll want to take the process as seriously as you would preparing for a trial, but there are some very real differences between trial preparation and mediation preparation....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
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
When I was a litigator and preparing for trial, I would always write my closing argument first. One of my mentors told me, “You can’t tell the jury where to go unless you know what the destination looks like.” That was sage...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more