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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
When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...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
Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case...more
Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more
When disputes arise, parties very often go straight to filing a lawsuit. Sometimes, that tactic can be effective. However, it may not be so effective for those individuals or small businesses seeking to minimize costs. Costs...more
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
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
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
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more
Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more
Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more
When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more
After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful...more
Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations. The use of conditional and alternative demands and offers...more
The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be...more
Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more
Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more
BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more
It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more