News & Analysis as of

Arbitration Mediation Settlement

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

What Honeybees Have Taught Me About Dispute Resolution

JAMS on

From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...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

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

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

Miles Mediation & Arbitration

Arbitration vs. Mediation: Choosing the Right Path to Resolution

As an attorney, you already know that litigation is expensive, time-consuming, and stressful for all involved. Fortunately, alternatives to traditional litigation exist which offer faster, more affordable, and less...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

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on

Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...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

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

Miles Mediation & Arbitration

Mediating False Claims Act Cases: Issues for Attorneys to Keep in Mind

When I started practicing law in 1981, I focused on labor and employment law. My practice involved management and union matters such as unfair labor practice charges and breaches of collective bargaining agreements. As a...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Farrell Fritz, P.C.

Mandatory Settlement? Close, But Not Quite.

Farrell Fritz, P.C. on

In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut.  These measures included “adopting a strict hiring freeze,...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

JAMS

The Time to Settle is Now

JAMS on

The coronavirus pandemic has created uncertainty in almost every sector of society. A massive shift in reality has taken place, and the world is trying to acclimate. In this environment, it is tempting to postpone cases until...more

NAM (National Arbitration and Mediation)

Thoughts on ADR in the face of the Covid-19 Pandemic – A Neutral’s Perspective

As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the...more

JAMS

Judges Disclose How They Prep Complex Cases For Settlement

JAMS on

From employment-related class action suits and racial discrimination cases to movie studio executives in dispute with producers over a ?lm in the entertainment industry, mediation is becoming the preferred way to avoid costly...more

JAMS

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

JAMS on

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

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