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Arbitration Settlement Agreements Mediators

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 -
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

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

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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

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...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

Miles Mediation & Arbitration

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

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

JAMS

Mediating and Settling Real Property Cases

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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

JAMS

Settlement Verification in the Virtual World

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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

Cranfill Sumner LLP

International Mediation: The New Mode of the Future?

Cranfill Sumner LLP on

As global businesses have had to adapt to the curveballs thrown by COVID-19, innovation has sprung from adversity and the future of international trade is bright. One area of innovation is the continued development and...more

JAMS

Mediation in the Public Sector [Spanish]

JAMS on

[author: Ximena Bustamante] En países con una tradición jurídica continental europea, resulta muy poco común que las instituciones del Estado se sometan a procedimientos de mediación. Y aún si lo hacen, es poco probable...more

JAMS

Mediation in the Public Sector

JAMS on

[author: Ximena Bustamante] In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach...more

JAMS

Update on Remote Mediations and the Virtual Evolution of ADR

JAMS on

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this...more

JAMS

A Goldilocks Approach for Mediation Standards

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When Frank Sander proposed the “multi-door courthouse” at the Pound Conference in 1976, he probably could not have imagined how widespread the use of mediation would be today in the United States and around the world. As just...more

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