News & Analysis as of

Mediation Evidence

King & Spalding

UAE Courts recognise the “Without Prejudice” principle with wide reaching implications across the Middle East

King & Spalding on

The application of the “without prejudice” (“WP”) principle varies in jurisdictions across the Middle East, with civil law jurisdictions such as the Kingdom of Saudi Arabia (“KSA”) and onshore United Arab Emirates (“UAE”)...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

NAM (National Arbitration and Mediation)

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Clark Hill PLC

Mediation: The Smart Solution for Risk Mitigation, Confidentiality, and Swift Conclusion of Disputes

Clark Hill PLC on

In this article, we briefly outline the current landscape of mediation in Ireland and how it is increasingly a go-to tool for resolving complex disputes. What is Mediation?...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

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

Robins Kaplan LLP

Evenstad Family Trial Aftermath: Rule 408 May Not Be Used as a Sword and Shield

Robins Kaplan LLP on

It’s unlikely the extended Evenstad family, former owners and heirs of the Upsher-Smith company, will be celebrating Thanksgiving together this year. After all, the last time the family got together was likely for the 16-day...more

Fox Rothschild LLP

If You Want To Move Your Case To A Faster Conclusion, Consider Mediation And Arbitration

Fox Rothschild LLP on

A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more

Jackson Lewis P.C.

California: What Happens In Mediation Stays (Confidential) In Mediation

Jackson Lewis P.C. on

An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation...more

Snell & Wilmer

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

Snell & Wilmer on

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?

Carlton Fields on

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

Allen Matkins

This Evidentiary Privilege May Stop At The Border

Allen Matkins on

Unlike other states, California’s rules of evidence are found in statutes, not court rules.  This is not simply a legal curiosity.   The statutory basis of California’s “rules” of evidence have real world implications....more

Foley & Lardner LLP

Seventh Circuit Interprets Wisconsin's Mediation Privilege

Foley & Lardner LLP on

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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