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Mediation › Discovery › Evidence

Blake, Cassels & Graydon LLP

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

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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

Fox Rothschild LLP

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

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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

Association of Certified E-Discovery...

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

Association of Certified E-Discovery... on

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

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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

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

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California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Carlton Fields

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

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Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

Foley & Lardner LLP

Seventh Circuit Interprets Wisconsin's Mediation Privilege

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When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more

JAMS

Whether and when to mediate employment disputes -- Effective mediation can keep companies focused on the marketplace, not the...

JAMS on

Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more

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