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Settlement Agreements Settlement Negotiations Dispute Resolution

Awatif Mohammad Shoqi Advocates & Legal...

The Dubai Cassation Court's recent ruling on the legal concept of Without Prejudice.

In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more

Melito & Adolfsen

Tell me what you’re looking for?

Melito & Adolfsen on

Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....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

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

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

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

NAM (National Arbitration and Mediation)

Your Mediation Didn’t Resolve. What’s Next?

As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks...more

Jenner & Block

Client Alert: Describing the Collaborative Process for Divorcing in Illinois

Jenner & Block on

Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often...more

Miles Mediation & Arbitration

[Event] “Get Busy Negotiating or Get Busy Fighting!"-Effective Negotiation Skills - February 15th, Charlotte, NC

What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and...more

JAMS

Five Common Mediation Mistakes That Create Obstacles to Settlement

JAMS on

Insights from JAMS neutral Hon. Lynn O’Malley Taylor (Ret.) and JAMS Diversity Fellow Rachel A. Gupta, Esq. - Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the...more

Miles Mediation & Arbitration

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more

Shumaker, Loop & Kendrick, LLP

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction – Summer...

Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more

Miles Mediation & Arbitration

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more

JAMS

Mediating and Settling Real Property Cases

JAMS on

Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

JAMS

Settlement Verification in the Virtual World

JAMS on

My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

Zelle LLP on

Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Maynard Nexsen

What to Expect at Mediation

Maynard Nexsen on

“This isn’t what I expected.” I hear that comment frequently from people that do not often participate in mediations. If you are involved in the construction industry, you will very likely have to participate in a mediation...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

Pierce Atwood LLP on

The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

Jaburg Wilk

What Will Happen at My Mediation?

Jaburg Wilk on

Commercial litigator Thomas Moring discusses the mediation process and how it can be a useful way to handle disputes quickly and less costly than trial. ...more

White & Case LLP

Mediation in Saudi Arabia: ratification of the Singapore Convention on Mediation and the SCCA Emergency Mediation Program

White & Case LLP on

On 5 May 2020, Saudi Arabia ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the "Singapore Convention on Mediation", which will enter into force in Saudi...more

Stange Law Firm, PC

Can you threaten litigation in the collaborative process?

Stange Law Firm, PC on

In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In...more

Littler

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

Littler on

In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

Mintz - Arbitration, Mediation, ADR...

New Convention Aims to Make Mediated Settlements an Attractive Means of Resolution of International Disputes . . . But Will It?

The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”). Other notable...more

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