News & Analysis as of

Mediators

EDRM - Electronic Discovery Reference Model

Can AI Replace Human Mediators? Groundbreaking Study Reveals Surprising Results

Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more

JAMS

Multiparty Mediations: Strategies for Success

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Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

When Is Mediation Most Effective For False Claims Act Cases?

Years ago, few lawyers thought a False Claims Act Case was appropriate to be resolved by mediation. It was Attorney General Janet Reno who introduced mediation to this practice area in the late 1990’s. She was optimistic the...more

JAMS

Five Tips for Making Better Use of Outside Counsel and Mediators

JAMS on

Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more

Rumberger | Kirk

The Virtual Shift: Navigating the New Online Construction Litigation Landscape

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The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find...more

Foster Swift Collins & Smith

[Webinar] When Should Your Business Consider Mediation? - October 16th, 9:00 am - 9:30 am ET

Despite the common belief, not all legal action is resolved in a courtroom setting. Mediation is a form of alternative dispute resolution that can be used in most non-criminal cases, including disputes involving contracts,...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

JAMS on

Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

Miles Mediation & Arbitration

[Event] 28-Hour Civil Mediation Training - December 5th - 8th, Atlanta, GA

Want to launch or grow your mediation career? Develop your skills at a unique, in-person civil mediation training program developed and led by Joe Murphey, an experienced mediator who has mediated more than 3,000 cases. Rex...more

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

Pullman & Comley, LLC on

Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

Ankura on

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

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

JAMS on

Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

Miles Mediation & Arbitration

Moving Toward Resolution: The Importance of Systems for Mediators

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

Miles Mediation & Arbitration

Pre-Mediation and Initial Caucus Strategies for a Successful Mediation

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

JAMS

Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

JAMS on

Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the...more

JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

JAMS on

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

NAM (National Arbitration and Mediation)

[Webinar] The Importance of Legal Ethics and the Mediation Process - September 10th, 1:00 pm ET

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

Vinson & Elkins LLP

IRS’s Alternative Dispute Resolution Has Room for Improvement

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The IRS Independent Office of Appeals has renewed its focus on alternative dispute resolution (ADR). In this article, V&E counsel Stephen Josey examines the ADR program and dives into how the agency can tweak its mediation...more

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

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

Lasher Holzapfel Sperry & Ebberson PLLC

Mediation in Divorce: What to Expect

Many people going through divorce wish they could “just mediate” their case. The good news is that several counties in Washington state, including King and Snohomish County, require that spouses engage in “alternative...more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

JAMS on

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

JAMS

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

JAMS on

In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more

Jaburg Wilk

Mediation and the Infamous Orange Story

Jaburg Wilk on

Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

Bennett Jones LLP on

The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by his fellow co-chair of the International Initiative, Glenn Hendrix, who also serves as a partner in AGG’s...more

Miles Mediation & Arbitration

Behind-the-Scenes with a Top Mediator: The 5 Actions I Take Every Time You Mediate with Me

While every mediator approaches mediation a little differently, there is more to this process than simply trying to help the parties reach a compromise that settles the issues between them. Whether you’re an attorney who...more

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