News & Analysis as of

Arbitration Mediation Litigation Strategies

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
JAMS

[PODCAST] Trial Tested: Douglas R. Young on His Legal Philosophy and the Qualities He Brings to ADR

JAMS on

JAMS neutral Douglas R. Young recently appeared on “Trial Tested,” an award-winning podcast produced by the American College of Trial Lawyers and hosted by Renée Rothauge. The series highlights the stories, philosophies and...more

JAMS

[PODCAST] JAMS CEO Kim Taylor Joins Cup of Justice Podcast to Discuss Mediation and Arbitration

JAMS on

Kimberly Taylor, CEO and President of JAMS, recently appeared on the Cup of Justice podcast, hosted by investigative journalist Mandy Matney and attorney Eric Bland. Known for its candid conversations and exploration of the...more

Miles Mediation & Arbitration

Strategic Mediation in High-Stakes Cases: Trust, Transparency, and Early Evaluation

In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more

Davidoff Hutcher & Citron LLP

Mediation vs. Litigation: Resolving Restaurant Ownership Disputes

In the fast-paced and high-stakes world of restaurant ownership, conflicts among business partners can arise from financial disagreements, operational decisions, or differing visions for the restaurant’s future. When disputes...more

Hendershot Cowart P.C.

Legal Remedies for Physicians When Medical Billing Companies Fail to Perform

Hendershot Cowart P.C. on

For physicians with independent practices, engaging a third-party billing company to manage the billing process is an attractive option. Medical billing is increasingly complex and time consuming, and outsourcing that...more

White & Case LLP

Efficiency And Effectiveness

White & Case LLP on

The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

Mandelbaum Barrett PC

Alternative Dispute Resolution Methods to Consider

Mandelbaum Barrett PC on

When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...more

Ropes & Gray LLP

[Podcast] Real World; Real Problems—First Steps in Addressing Real Estate Partnership Disputes

Ropes & Gray LLP on

On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more

U.S. Legal Support

The Critical Role of Accurate Transcripts in Arbitration and Mediation Success

U.S. Legal Support on

Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike. While the contents of...more

Offit Kurman

Creative Ways to Avoid Litigation

Offit Kurman on

When disputes arise, parties very often go straight to filing a lawsuit. Sometimes, that tactic can be effective. However, it may not be so effective for those individuals or small businesses seeking to minimize costs. Costs...more

Lasher Holzapfel Sperry & Ebberson PLLC

Pre-Litigation Mediation, Is it For You?

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...more

JAMS

Perspective Matters: Lessons That Can Shape Outcomes

JAMS on

What reframing artwork taught me about advocacy, perspective and the power of framing in ADR - My mother recently moved out of her home of nearly six decades. As you can well imagine, there were many belongings that needed...more

JAMS

[PODCAST] JAMS Neutrals Discuss How Austin’s Growth is Shaping Dispute Resolution - Understanding the Evolving Legal Landscape in...

JAMS on

In this podcast, JAMS neutrals Tracy W. McCormack, Esq., and Karl Bayer discuss how the legal and business needs have evolved in Austin, Texas, as it remains one of the fastest growing cities in the country. To set the stage,...more

NAM (National Arbitration and Mediation)

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Orrick, Herrington & Sutcliffe LLP

Tiered Dispute Resolution Clauses: Navigating Pitfalls in the U.S. and UK

Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more

Miles Mediation & Arbitration

Do We Have an Agreement? Don’t Forget the Terms!

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

Miles Mediation & Arbitration

Walking a Minute in Your Adversary’s Shoes: Addressing The Issue of “Naïve Realism” at Mediation

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

Cozen O'Connor

Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation

Cozen O'Connor on

Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more

Segal McCambridge

TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR

Segal McCambridge on

In this episode of the TortsCenter Podcast, hosts Carla Varriale-Barker and Courtney Dunn talk with independent arbitrator and mediator Danielle Menitove about the world of sports arbitration. As co-chairs of the NYSBA’s...more

JAMS

Five Tips for Making Better Use of Outside Counsel and Mediators

JAMS on

Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more

Miles Mediation & Arbitration

[Event] 28-Hour Civil Mediation Training - December 5th - 8th, Atlanta, GA

Want to launch or grow your mediation career? Develop your skills at a unique, in-person civil mediation training program developed and led by Joe Murphey, an experienced mediator who has mediated more than 3,000 cases. Rex...more

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

Pullman & Comley, LLC on

Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

JAMS on

Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

JAMS on

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

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

JAMS on

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

68 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide