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Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

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Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

Miles Mediation & Arbitration

Four Principles for More Effective Mediations: What Your Mediator Hopes Litigators Understand  

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Relatively new to mediation? Or have you mediated a dozen cases — or more — already as an attorney? As a full-time mediator and arbitrator who is immersed in legal dispute resolution every day, I have found there are aspects...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

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In my last post, I explored the top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation. In this post, I explore more aggravating,...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

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Rule number one in any mediation? Don’t tick off the mediator. First and foremost, effective mediation advocates collaborate with their mediators to prioritize and advance their client’s interests. Mediators help people...more

Bradley Arant Boult Cummings LLP

No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

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This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

JAMS

Class Action Checklist - February 2019

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This checklist is designed to assist you in thinking through the issues necessary to settle your class action case. ...more

Hinshaw & Culbertson LLP

California Attorneys Must Obtain Client's Signed Understanding of Mediation Confidentiality, Effective January 1, 2019

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Senate Bill No. 954; Mediation: confidentiality: disclosure - Brief Summary - Effective January 1, 2019, California attorneys will be required to provide written disclosures to their client explaining mediation...more

NAM (National Arbitration and Mediation)

Arbitration And Mediation For Young Lawyers: An Introduction To The Alternative

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“The young advocate would be remiss in not familiarizing themselves with the ever-expanding world of ADR.” As a fresh out of law school attorney starting out as a litigator with a municipal agency, I was eager to try every...more

NAM (National Arbitration and Mediation)

10 Mistakes To Avoid At Mediation: Improving The Odds For Resolution

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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

JAMS

Seven Tips for a Winning Mediation Opening Statement

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I witnessed it. Truly. I saw an attorney prevail in a mediation primarily on the strength, style and presentation of his opening statement. Here are some tips: 1. Do Not Waive Your Mediation Opening Statement - A trend...more

NAM (National Arbitration and Mediation)

Demonstrating Strength By Acknowledging Weakness In Mediation

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Generally speaking, human nature is such that none of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a...more

NAM (National Arbitration and Mediation)

Opening Statements In Mediation – Don’t Pass Up The Opportunity

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Some practitioners look to bypass opening statements in a Mediation session – operating under the belief that they have heard it all before and, therefore, the parties are better served by getting “right down to business.”...more

Holland & Hart - Your Trial Message

Deploy Your Trial Message When It Matters Most: Pretrial

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In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the...more

JAMS

Making the Most of a Half-Day Employment Mediation

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Parties opt for half-day mediations in employment cases for a variety of reasons. Such mediations are often scheduled in close proximity to hearing dates for summary judgment motions, class certification motions or even...more

JAMS

The Importance of Listening

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As a mediator and arbitrator for the last 10 years, I’ve seen my share of communication disconnects, especially in emotionally charged disputes. As someone with a Ph.D. in communications, I understand that the root of these...more

JAMS

Class Action Settlement Checklist

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As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since...more

Bradley Arant Boult Cummings LLP

Part Two: Ten Tips to a Successful Mediation: From the Mediator's Perspective

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In part one of my article, I discussed five tips you should follow prior to the mediation conference to best achieve a successful result. I will now discuss five more tips you should use at the mediation conference which will...more

Foley & Lardner LLP

Seventh Circuit Reinforces the Importance of Memorializing Agreements in Mediation

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Put it in writing. How many times have those four words been uttered in the course of commerce? Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more

JAMS

Make the Most of your Mediation: The Employment Case

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Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more

Blake, Cassels & Graydon LLP

Litigation and Dispute Resolution in Canada

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This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Cranfill Sumner LLP

Mediation- How Much Agreement Do You Really Need?

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The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more

JAMS

The Antidote to the Spiteful Litigant

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We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

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