News & Analysis as of

Settlement Dispute Resolution Negotiations

Holland & Hart - Your Trial Message

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

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

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

What Honeybees Have Taught Me About Dispute Resolution

JAMS on

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

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

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

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

JAMS on

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

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

Walkers on

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

Akin Gump Strauss Hauer & Feld LLP

WTO Dispute Settlement–What to Expect in 2024

The year 2024 holds the potential for significant developments in the World Trade Organization (WTO) dispute settlement mechanism. With the upcoming 13th Ministerial Conference (MC13) in February, members may reach agreements...more

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