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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Joe Murphey | August 10, 2023
There's a lot written about how to prepare for mediation, but much of that centers on what to do. The focus over these next few paragraphs will be what to prepare not to do at mediation—issues and tactics to leave out of your backpack when you hit the mediation trail.
7 minute read
By Adolfo Pesquera | August 9, 2023
"Because we have no evidence as to the exact interest, the appellants have not proved such a duty exists," Chief Justice Tracy Christopher said.
4 minute read
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
9 minute read
By John M. Delehanty | August 7, 2023
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
6 minute read
By Charles Toutant | August 3, 2023
"Upon information and belief, Shay refers his bankruptcy clients, like claimants, to Swigart because recently discharged debtors are more inclined to file frivolous litigation for potentially quick settlements," the suit said.
5 minute read
By Greg Derin | July 31, 2023
Mediators often find parties paralyzed by indecision as they confront what appears to be a blizzard of issues, facts, and choices, according to Greg Derin, a mediator and arbitrator at Signature Resolution.
6 minute read
By John Amabile and Eric Cottrell | July 27, 2023
The court's ruling in Coinbase v. Bielski makes arbitration that much more attractive to large companies and many other businesses. They and their lawyers can view the decision as another tool to pause or avoid class actions and other types of expensive litigation in favor of arbitration.
7 minute read
By Aleeza Furman | July 26, 2023
"The decision ignores decades of established jurisprudence and undermines arbitration as a reliable alternative dispute resolution mechanism," Dentons shareholder Chad Wissinger, representing MDS, said.
4 minute read
By Halim Dhanidina | July 26, 2023
"One wonders whether the well-intentioned new law ensnares mediators without any clear purpose," writes Retired Associate Justice Halim Dhanidina of California's Second District Court of Appeal, who is now a neutral for Signature Resolution.
8 minute read
By Charles F. Forer | July 20, 2023
Because, he told his client, Pennsylvania courts as a matter of public policy favor settlement of disputes by arbitration. And because—according to Bob—the executors could not show any prejudice as a result of Bob's nine-month delay in seeking arbitration.
7 minute read
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