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There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should...more
This article explores the enduring underuse of mediation in civil and commercial disputes across the European Union (EU) and U.K., a phenomenon known as the "mediation paradox." Despite decades of policy support and legal...more
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
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
Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more
Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more