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Mediators Mediation

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Mediate on Merits, Not Math

It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense...more

JAMS

[PODCAST] JAMS CEO Kim Taylor Joins Cup of Justice Podcast to Discuss Mediation and Arbitration

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Kimberly Taylor, CEO and President of JAMS, recently appeared on the Cup of Justice podcast, hosted by investigative journalist Mandy Matney and attorney Eric Bland. Known for its candid conversations and exploration of the...more

Miles Mediation & Arbitration

To Open or Not to Open: Should You Include an Opening Statement at Mediation?

Are opening statements in mediation beneficial toward reaching a settlement? There is an ongoing debate by both advocates and neutrals concerning the advantages and disadvantages of including opening statements in mediations....more

JAMS

When Arbitration Is Required, Should You Still Try Mediation First?

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In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more

Miles Mediation & Arbitration

Strategic Mediation in High-Stakes Cases: Trust, Transparency, and Early Evaluation

In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more

JAMS

Control, Creativity, Closure: The Mediation Advantage

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In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater. Judge Morton Denlow, a retired U.S. Magistrate Judge, offers this...more

Miles Mediation & Arbitration

How to “Win” in Mediation: A Three-Step Guide for Attorneys

Most jurisdictions have embraced alternative dispute resolution requirements to lessen the burden on the judicial system.  Mediation has proven to successfully resolve the majority of cases and in so doing, minimized the...more

Miles Mediation & Arbitration

Overcoming mediation’s gray area through the mediator’s proposal

The cornerstone of a successful mediation comes from parties navigating uncertainty in order to find an acceptable, self-directed resolution. Sometimes, this process stops mere inches from settlement. Instead, the parties sit...more

JAMS

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

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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

What Honeybees Have Taught Me About Dispute Resolution

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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

JAMS

Arbitration Essentials: How to Initiate and Navigate an International Arbitration, Part 2: Hearings

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Rules and Procedures: Hearings - JAMS provides a comprehensive spectrum of conflict prevention and dispute resolution services to meet the unique needs of today’s global business environment. Those services include...more

Miles Mediation & Arbitration

Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation

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

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - September 11th - 14th, Atlanta, GA

Are you committed to becoming a successful, skilled mediator? Join us for our General Civil Mediation Training from September 11-14, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the...more

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

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In this podcast, JAMS neutrals Peter Kamminga, Esq., Ph.D., and Jeffrey Grubman, Esq., discuss the rise in financial scams targeting consumers and the various ways in which those scams typically take shape, including...more

JAMS

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

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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

JAMS

[Webinar] Utilizing Co-Mediation: Bringing Together Multiple Perspectives to Reach Effective Settlements - May 28th, 12:00 pm -...

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Join us for an insightful webinar exploring the practice of co-mediation—a collaborative approach where two mediators with diverse experience and perspectives work together to facilitate resolution. This method leverages the...more

Miles Mediation & Arbitration

Trust During the Mediation Process

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

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

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

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

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

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives to Reach Effective Settlements

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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

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

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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

[PODCAST] JAMS Neutrals Discuss How Austin’s Growth is Shaping Dispute Resolution - Understanding the Evolving Legal Landscape in...

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In this podcast, JAMS neutrals Tracy W. McCormack, Esq., and Karl Bayer discuss how the legal and business needs have evolved in Austin, Texas, as it remains one of the fastest growing cities in the country. To set the stage,...more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - March 20th - 23rd, Atlanta, GA

Advance your mediation career with the highest level of training at our General Civil Mediation Training from March 20-23, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the Georgia Office...more

Miles Mediation & Arbitration

Mediating False Claims Act Cases: Issues for Attorneys to Keep in Mind

When I started practicing law in 1981, I focused on labor and employment law. My practice involved management and union matters such as unfair labor practice charges and breaches of collective bargaining agreements. As a...more

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