News & Analysis as of

Mediation Discovery

McAfee & Taft

Oklahoma Expedited Actions Act: I’ll see you in court (real soon)

McAfee & Taft on

“Attorney time” is how I often explain to my client how “quickly” things will progress in their lawsuit. Most folks that have been sued are anxious, unsure of the process, and often just want it to go away. “If I could just...more

Pullman & Comley, LLC

Can’t We All Just Get Along? – Choosing to Litigate Your Family Matter Does Not Mean Trial Is Your Only Option

Pullman & Comley, LLC on

Your spouse, former spouse, or former partner comes to you and proposes that you resolve your divorce, financial, or custody dispute through the Collaborative process (a formal arrangement to resolve your matter without any...more

Miles Mediation & Arbitration

The Goldilocks Zone of Mediation

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

Blake, Cassels & Graydon LLP

“Status Quo Is Not an Option”: Phase 2 Consultation Paper Published for Ontario Civil Rules Review

On April 1, 2025, the Civil Rules Review (CRR) Working Group published its Phase 2 Consultation Paper (Paper) outlining its proposed framework for revamping Ontario’s Rules of Civil Procedure (Rules). If implemented, this new...more

Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

Butler Snow LLP on

Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

Vinson & Elkins LLP

Local Insight: The New Rules of the Texas Business Court Explained

Vinson & Elkins LLP on

On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving...more

IR Global

Joint Petition for Dissolution – A Solution for those seeking a Conscious Uncoupling

IR Global on

In California, a couple seeking to part ways have limited options when filing for divorce. The standard procedure requires one party to initiate the process by filing a Petition for Dissolution of Marriage, which is then...more

EDRM - Electronic Discovery Reference Model

Can AI Replace Human Mediators? Groundbreaking Study Reveals Surprising Results

Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

Fox Rothschild LLP on

Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

EDRM - Electronic Discovery Reference Model

Mediation of Discovery Disputes by Court’s Law Clerk?

I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. For example, in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024),...more

Association of Certified E-Discovery...

Embracing eDiscovery: Essential Knowledge for Arbitrators, Mediators, and Court-Appointed Neutrals

In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more

Miles Mediation & Arbitration

There’s Nothing Like Being Prepared

How do you prepare for mediation? As a mediator of commercial and real estate disputes, I’ve found that some lawyers view mediation preparation as unnecessary and not the best use of their time. But failing to prepare almost...more

JAMS

A Modest Proposal to Avoid Discovery Nightmares

JAMS on

My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more

Miles Mediation & Arbitration

Designing Efficient Discovery Processes in Arbitration

In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

Cranfill Sumner LLP on

As noted in our prior posts, the U.S. Supreme Court Justices (with the exclusion of Justice Clarence Thomas who was hospitalized on March 18) heard oral arguments on March 23, 2022, for ZF Automotive US, Inc. v. Luxshare,...more

Miles Mediation & Arbitration

Top 3 Keys to Settling Your Wage and Hour Class/Collective Action at Mediation

Wage cases are stressful for everyone involved. Workers, sometimes representing a large, similarly situated group, feel as though they were systematically underpaid. Employers often feel as though they tried to comply with...more

JAMS

Judge Gail Tusan’s Five Top Tips for Successful Mediations

JAMS on

1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more

Lowenstein Sandler LLP

Discovery Immunity For Draft Expert Reports Lacks Clarity

Lowenstein Sandler LLP on

To borrow from a popular travel destination slogan, what happens in mediation stays in mediation. Or does it? The answer currently is maybe, as a Delaware bankruptcy judge presiding over the Chapter 11 bankruptcy case,...more

Husch Blackwell LLP

The Seven Unique Features Of A Protest Challenging An FAA Procurement

Husch Blackwell LLP on

Contractors interested in contracts with the Federal Aviation Administration (FAA) should be aware that FAA bid protests are different from protests involving other federal agencies. The FAA’s Office of Dispute Resolution for...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

Dentons

Litigation Quick Take: Civil Lawsuit

Dentons on

Q:  What should I expect if a civil lawsuit has been filed against me? A:  The litigation process can be a lengthy affair. Usually a trial is scheduled a year or more after the petition was filed....more

Fox Rothschild LLP

If The Enforceability Of A Prenuptial Agreement Is At Issue, Courts Shouldn’t Wait To Deal With It

Fox Rothschild LLP on

Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

60 Results
 / 
View per page
Page: of 3

"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