News & Analysis as of

Mediation Contract Disputes

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution for Commercial Contracts

JAMS on

Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

JAMS on

With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties...more

IR Global

Funeral Disputes and the Rights to a Body

IR Global on

It is not uncommon for a dispute to arise over a funeral and the rights to a body. Over half a million people die each year in England and Wales with 581,363 deaths registered in England and Wales in 2023....more

JAMS

Kim Taylor Speaks With ABC30 on Why More People in California Are Choosing Mediation Over Courtroom Battles

JAMS on

Whether it’s neighbors in Napa arguing over a fence or a family in Fresno clashing over an inheritance, legal conflicts can quickly become expensive and emotionally draining. That’s why more people are turning to mediation, a...more

Awatif Mohammad Shoqi Advocates & Legal...

Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution.

In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution...more

Ankura

The Role of AI in Mediating Software Licensing Disputes

Ankura on

In the rapidly advancing digital era, software licensing disputes have become a frequent challenge for businesses worldwide. These disputes arise as companies grapple with complex software agreements and stringent compliance...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

Fenwick & West LLP

AAA Implements New Arbitration Rules and Mediation Procedures

Fenwick & West LLP on

On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

JAMS on

Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...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

Nossaman LLP

Corporate Divorce – Preventing and Managing the Break-Up of a Business Partnership

Nossaman LLP on

In this episode, Kimberly Kamkar is joined by corporate law partners Patrick Richard, Anna Tang and Doug Schwartz to explore the complexities of business "break-ups." They discuss essential practices for future planning, the...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

Troutman Pepper Locke on

The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

JAMS

When Mediations Fail, It’s Not Always About the Facts

JAMS on

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

Lathrop GPM

Citing California Franchise Relations Act, California Federal Court Rejects Franchisor’s Attempt to Dismiss Case

Lathrop GPM on

A federal court in California recently denied a franchisor’s motion to dismiss litigation, holding that a franchise agreement provision requiring the parties to mediate in Texas prior to instituting litigation or arbitration...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

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

Miles Mediation & Arbitration

Master your Next Mediation: Advice for Attorneys

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

Miles Mediation & Arbitration

The Mediator as a Bridge

Years ago, the court appointed a wise and productive mediator who had been a country lawyer, a prosecutor, and a judge to a case of mine. I was an attorney, and my client was a seasoned and successful old farmer, who had sold...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

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

JAMS on

New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

Miles Mediation & Arbitration

Successful Mediation of Franchise Disputes: Factors That Influence the Outcome

Franchising as a legal relationship has embraced mediation as a pre-filing requirement to a lawsuit or arbitration in most franchise agreements. So, how has it gone? While we have roughly a 25-year history since the earliest...more

Lewitt Hackman

Franchisee 101: A Window into Dispute Resolution

Lewitt Hackman on

Claims by a window sales and installation franchisee against its franchisor were dismissed by a federal district court in Michigan because the franchisee did not comply with the prelitigation mediation procedure in the...more

Miles Mediation & Arbitration

Build Your Foundation: Five Smart Strategies to Prepare Your Construction Case for Mediation

Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more

44 Results
 / 
View per page
Page: of 2

"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