Navigating Disputes Within Your Health Care Practice
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
State AG Pulse | Money, Money, Money: Where does it go and why?
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
What to do When Your Business Has Been Sued
Settling a Claim: Get Comfortable With Being Uncomfortable
What Will Happen at My Mediation?
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
Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more
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
The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more
I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...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
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
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
What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more
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
A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more
By Glenn Hutchison and David Matthews Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more
Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more
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
The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more
In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...more
A successful mediation hinges not only on the mediator’s skill during the mediation session but also on preparation and work with counsel beforehand. Effective pre-mediation strategies are crucial in laying the groundwork for...more
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released a report titled, “Effectiveness of Alternative Dispute Resolution in the Federal Sector.”...more
In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more
The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss...more
“Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United...more
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