News & Analysis as of

Settlement Agreements Mediation

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

Miles Mediation & Arbitration

Preparing Clients for Mediation: Explaining the Process, Setting Expectations and Strategies, and Coaching Performance

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

JAMS

Kim Taylor Speaks With ABC30 on Why More People in California Are Choosing Mediation Over Courtroom Battles

JAMS on

Whether it’s neighbors in Napa arguing over a fence or a family in Fresno clashing over an inheritance, legal conflicts can quickly become expensive and emotionally draining. That’s why more people are turning to mediation, a...more

JAMS

From Promise to Practice: Resolving the Mediation Paradox in Europe

JAMS on

This article explores the enduring underuse of mediation in civil and commercial disputes across the European Union (EU) and U.K., a phenomenon known as the "mediation paradox." Despite decades of policy support and legal...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

Falcon Rappaport & Berkman LLP

Understanding the Celsius Settlement Matrix: A Guide for Defendants

The Celsius Network bankruptcy case has been a significant event in the cryptocurrency world, leading to numerous legal battles and adversary proceedings. One of the critical aspects of this case is the recently proposed...more

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

Troutman Pepper Locke on

On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Seward & Kissel LLP

Mortimer—We’re Back, Fabric of Our Lives, and Jump-Start (My Heart)

Seward & Kissel LLP on

Purdue's new Ch. 11 plan sidesteps nonconsensual releases | Law360 - Mediators in the Purdue Pharma bankruptcy case reported that the revised settlement no longer includes nonconsensual third-party releases....more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

Offit Kurman on

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

Lasher Holzapfel Sperry & Ebberson PLLC

Pre-Litigation Mediation, Is it For You?

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...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

Managing Risk in a Risky World in Mediation

During mediation, the neutral speaks with the parties about their “litigation risk” to motivate them toward a resolution. What is “litigation risk” in today’s environment? Throughout the country, verdict values in...more

Miles Mediation & Arbitration

Now What Happens?: Addressing Contingencies to Mediation Settlement Agreements in Trust Cases

Representing a client in a trust case? A signed mediation settlement agreement (MSA) needn’t mean that your work is done. The requirement of a signed final MSA, while indispensable, nevertheless can present serious challenges...more

White & Case LLP

Pakistan Signs the Singapore Convention

White & Case LLP on

On 17 December 2024, the Federal Cabinet of Pakistan granted its approval for Pakistan to join 57 other nations as a signatory to the United Nations Convention on International Settlement Agreements Resulting from Mediation,...more

Jaburg Wilk

Proper Mediation Preparation

Jaburg Wilk on

Mediation is a voluntary process where parties jointly select a neutral third-party facilitator to help reach settlement agreements for all or some of the issues in their divorce proceeding. The mediator is a private party...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Rumberger | Kirk on

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...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

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

Pullman & Comley, LLC on

The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

Axinn, Veltrop & Harkrider LLP

Hey St. Jude Medical: Playing It Cool Doesn't Always Make You a Fool

After seven years of successful litigation, it was understandable that St. Jude Medical wanted to put its dispute with Niazi Licensing Corp. (NLC) to bed. But St. Jude Medical's too-quick response to a mediator's email left...more

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more

Marshall Dennehey

Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable

Marshall Dennehey on

Gold Tree Spa, Inc., PD Nail Corp., et al., No. A-3748-21 (App. Div. Mar. 28, 2023) - The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

White & Case LLP on

There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

86 Results
 / 
View per page
Page: of 4

"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