The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part II
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Corporate Divorce – Preventing and Managing the Break-Up of a Business Partnership
How Much Will My Divorce Cost?
Navigating Divorce: How a Coach Can Transform Your Experience
Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation
TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
Life After Love Gone Wrong Podcast: Season 3, Episode 3 - Understanding the Role of Parent Coordinators
5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations
An Uncompromising Insurer: What is a Policyholder to Do?
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
Identifying and Quantifying Government Contract Claims
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
DE Under 3: EEOC Studies Showing Online Mediation Preferred; Transgender Title VII Protections; May 2022 Employment Situation
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
Let's Talk Mediation, Arbitration, and Conciliation
Preparing your client for mediation can ensure that the mediation process is productive and not a frustrating, anxiety-producing event. While settlement is always preferable, it is not the only measure of productivity in a...more
From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more
There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should...more
Since between 90%-95% of litigated cases settle before trial, effective negotiation skills can be the bedrock of success for lawyers. Settlement allows both parties to avoid the uncertainty and costs of protracted...more
Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more
I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes. The neutrals, who are known as the...more
After sitting on hold for a phone call for over 30 minutes in a failed attempt to speak with a human being about a pressing matter and having been transferred three times and having hit numerous buttons and prompts, click … I...more
In a highly globalized world, commercial disputes are more likely to involve cross-cultural features. (“Cultural features” refers to aspects like language, expression, body language, value systems, governments, and...more
When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to...more
Plaintiff’s lawyer? Defense counsel? Many attorneys in private practice wind up doing some of both. In fact, many highly successful plaintiffs’ attorneys began their careers at insurance defense firms....more
In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more
Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more
When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more
While there are certain elements present in every mediation, some types of cases are unique. A wage-hour collective or class action breaks the typical mediation paradigm. In most employment law-based mediations one expects...more
Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more
At Harvard University’s Kennedy School of Government, they teach an Executive Education course called Negotiation Strategies upon an adage, among others, that negotiation is the art of letting the other side have it your way....more
Kathleen Barton, Brian Gaudet, and David Zacks recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend. The panel discussed how a lawyer’s...more
Kilpatrick Townsend’s Brian Gaudet and Katie Barton and David Zacks of Zacks Resolution recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend....more
Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never...more
Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more...more
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things...more
Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more
Imagine you represent a party in a contentious litigation. It has taken considerable time and effort to plan for today’s mediation. Nothing about the process of getting here has been easy, and you do not expect the...more