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Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation
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I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more
As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more
So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more
A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more
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
The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more
After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more
A recent decision from the Texas Court of Appeals in Houston closes the door to the recovery of attorney's fees from limited liability companies under Chapter 38 of the Texas Civil Practice and Remedies Code, one of the few...more